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 the procedural timeliness of a second combined motion following denial of an NIW-based I-140 petition.
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
Purely procedural decision: AAO dismissed a second combined motion to reopen/reconsider as failing to cure the untimeliness of the prior motion (filed 53 days after the underlying decision). Petitioner, appearing to be self-represented, argued a 'mailbox rule' theory under contract law to claim her motion was timely upon USPS drop-off; AAO rejected this, citing the regulation that filings are deemed received only upon actual receipt at the designated filing location. No NIW prongs or threshold eligibility were substantively analyzed.
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