dismissedOCT282024_03B52032024-10-28 · combined · Texas Service Center

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 entrepreneur in the mental health industry, sought an EB-2 national interest waiver, though the underlying merits of her endeavor were not reached in this decision.

Field: mental health industry · Read the decision (uscis.gov)

How the evidence was treated

motion resubmission · discounted
“The Petitioner mailed her brief to the USCIS Phoenix Lockbox, not directly to the AAO as instructed, which delayed its incorporation into the record.”
AAO decision text

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Notable

This decision is entirely procedural: it concerns whether a summary dismissal of an appeal (for failure to timely submit a brief to the AAO) should be reopened/reconsidered because the Petitioner mailed the brief to a USCIS lockbox rather than directly to the AAO as instructed. No NIW prongs were substantively analyzed; the case turns on form-instruction compliance under 8 C.F.R. 103.2(a)(1) and related case law on following filing instructions.

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. 103.2(b)(1)
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)
8 C.F.R. 204.5(k)(2)
Matter of Coelho

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