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 third combined motion to reopen and reconsider an earlier AAO dismissal.
How the evidence was treated
- motion resubmission · discounted
“the Petitioner has not submitted new evidence to overcome our previous decision”
AAO decision text
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Notable
This decision does not reach the NIW merits at all; it is the AAO's dismissal of a third combined motion to reopen/reconsider, resolved purely on a filing-timeliness/mailbox-rule dispute. The Petitioner argued the 'mailbox rule' and 'contract law' should govern the filing date of a Form I-290B mailed via USPS; the AAO rejected this, holding that actual receipt at the designated filing location (not mailing date) controls under 8 C.F.R. 103.2(a)(7)(i), and that no evidence corroborated timely receipt. No new evidence or legal error was presented to satisfy motion-to-reopen or motion-to-reconsider standards, so prongs and threshold EB-2 issues were never analyzed in this decision.
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
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