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 speech therapist, sought to work in the United States and requested a national interest waiver of the job offer/labor certification requirement.
Field: speech therapy · Read the decision (uscis.gov)
EB-2 threshold — addressed
Director found Petitioner qualified for EB-2 classification as an advanced degree professional; this was not disputed on appeal.
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Notable
This decision does not reach the merits of the NIW petition at all. The dispute concerns a purely procedural issue: whether the Director erred in dismissing the Petitioner's motion to reopen/reconsider as untimely, given COVID-19 filing flexibilities extending the deadline to 90 days. The AAO agreed the motion was timely filed (59 days after the decision) and remanded for the Director to issue a full decision on the merits of the motion. No prong analysis occurred.
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. 103.3
What this case teaches
Analyst reading of the decision text.
Director incorrectly deemed the motion untimely under COVID-19 filing flexibilities (90-day extension applied); AAO remanded for a merits decision on the motion.
When filing motions during periods covered by USCIS COVID-19 flexibility guidance, cite the specific policy alert and computed deadline to preserve appeal rights if wrongly deemed untimely.
vague
mixed
Cases in adjacent profiles
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