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 underlying proposed endeavor; it addresses only whether the AAO's prior summary dismissal of the appeal was proper.
How the evidence was treated
- motion resubmission · discounted
“The Petitioner has not offered new evidence or facts on motion to overcome the stated grounds for our summary dismissal decision.”
AAO decision text
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Notable
This decision is purely procedural: it reviews a combined motion to reopen/reconsider a prior AAO summary dismissal of the appeal (for failure to timely file a brief/additional evidence), not the merits of the NIW petition itself. The Petitioner submitted a USPS Click-N-Ship label listing a different individual's name in the 'From' section as purported proof of mailing supplemental appellate materials, which the AAO found insufficient (no delivery confirmation, no copy of the documents, and USCIS records showed no receipt).
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)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
What this case teaches
Analyst reading of the decision text.
Petitioner failed to prove USCIS received his supplemental appellate brief/evidence in April 2023; no delivery confirmation or copy of documents was provided on motion.
When claiming timely submission of appellate briefing, retain and submit proof of delivery (confirmation receipt) and a copy of the actual documents sent, not just a shipping label.
vague
mixed
Cases in adjacent profiles
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- 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