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 works as an advisor on security and non-proliferation of weapons of mass destruction and sought an EB-2 national interest waiver in connection with that work.
Field: security and non-proliferation of weapons of mass destruction · Read the decision (uscis.gov)
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision is purely procedural: the Director denied the underlying NIW petition and then dismissed a subsequent motion to reopen as untimely. The AAO found the Director miscalculated the filing deadline (day 33 fell on a Saturday, extending the deadline to Monday), and remanded solely for the Director to consider the merits of the motion under Dhanasar; no substantive prong analysis was undertaken by the AAO itself.
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
- Section 291 of the Act
What this case teaches
Analyst reading of the decision text.
The Director erroneously deemed the motion to reopen untimely under 8 C.F.R. § 1.2's weekend/holiday extension rule; AAO remanded for the Director to actually consider the merits evidence.
Carefully calculate regulatory filing deadlines including weekend/holiday extensions; procedural miscalculations by USCIS can be challenged and reversed on appeal.
vague
national_security
mixed
Cases in adjacent profiles
- The Petitioner proposed to work as an IT consultant in the United States, providing cybersecurity and digital transforma
- The petitioner proposed to establish his own company providing specialized business consultancy, auditing, and training
- The petitioner proposed to work as a consultant engineer through his own company, specializing in development projects t
- The Petitioner proposed to start a project management consultancy in the United States that would help small and mid-siz
- The Petitioner proposed to establish a legal consultancy in the United States focused on alternative dispute resolution