Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Not Specified (2024): the motion to reopen and reconsider was dismissed primarily
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 primarily on procedural grounds. The petitioner failed to file the motion within the required 33-day timeframe, as it was received one day late. The petitioner's claim that the delay was beyond their control was rejected because the evidence showed the motion was sent to the wrong USCIS Lockbox, contrary to the form instructions.
See how a decision like this gets cited in an EB-2 NIW petition →Criteria Discussed
Timeliness Of Motion To Reopen Timeliness Of Motion To Reconsider Proper Filing Location
📄 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.