This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The decision does not describe the petitioner's proposed endeavor; it addresses only the timeliness of a ninth combined motion following prior denial of a national interest waiver petition.
How the evidence was treated
- other · discounted
“Without further evidence, the Petitioner has not shown that his delay in filing this motion to reopen was reasonable and beyond his control”
AAO decision text
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Notable
This decision is purely procedural: it dismisses an untimely ninth combined motion to reopen/reconsider (filed 112 days after the prior decision) without reaching any merits of the underlying NIW petition. The AAO found no basis to excuse the late filing and noted it has no authority to excuse an untimely motion to reconsider at all.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp