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 Petitioner, an optician, sought to work in the United States under an EB-2 classification with a national interest waiver, though the specific endeavor is not discussed in this procedural decision.
Field: opticianry · Read the decision (uscis.gov)
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Notable
This decision does not reach the merits of the NIW petition at all; it is a purely procedural dismissal of a combined motion to reopen/reconsider as untimely. The motion to reconsider was untimely with no discretionary excuse available under 8 C.F.R. 103.5(a)(1)(i), and the motion to reopen's delay (attributed to reliance on USPS mail delivery) was found not to be beyond the Petitioner's control, so it was not excused.
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
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