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, a general and operations manager, sought EB-2 classification and a national interest waiver; the underlying merits of his proposed endeavor were never reached in this decision.
Field: general and operations management · Read the decision (uscis.gov)
How the evidence was treated
- motion resubmission · discounted
“The Petitioner has not provided new facts or new evidence in support of the motion to reopen”
AAO decision text
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Notable
This decision is purely procedural: the AAO dismissed combined motions to reopen and reconsider a prior summary dismissal because the underlying motion was filed 52 days after the decision (beyond the 33-day deadline), and rejected the Petitioner's 'mailbox rule' argument since USCIS filings are governed by actual-receipt rules under 8 C.F.R. 103.2(a)(7)(i). No NIW prong (threshold eligibility, prong 1, 2, or 3) was substantively analyzed or reached.
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, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod