Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Entrepreneurship (2024): the motion to reopen and reconsider was dismissed because
Filing your own EB-2 NIW? See how your CV maps to the criteria this decision turned on — free strategy preview.
Decision Summary
The motion to reopen and reconsider was dismissed because it was not filed within the required timeframe. The petitioner failed to provide new facts or evidence for reopening, and did not establish that the previous decision was based on an incorrect application of law for reconsideration. The AAO rejected the petitioner's argument based on the 'mailbox rule,' clarifying that USCIS regulations define the filing date as the date of actual receipt.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Motion To Reopen Motion To Reconsider Filing Timeliness Mailbox Rule
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Filing your own EB-2 NIW? Learn from this denial.
Upload your CV and see how your profile maps to the criteria the AAO flagged here — free strategy preview, no credit card.
Map Your CV to These Criteria →No credit card required.