dismissed EB-1A Case: Athletics

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-L-
Non-Precedent Decision of the 
Administrati\'e Appeals Office 
DAT E: APR. 26,20 18 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION : FORM I-140 , IMMIGRANT PETITION FOR ALIEN WORKER 
The Petition er, a speed skater and coach, seeks classification as an individual of extraordinary ability 
in athletic s. See Immigr ation and Nationalit y Act (the Act) section 203(b)( I )(A), 8 U.S. C. 
§ 1153(b)(l )(A). This first preference classification makes immigrant visas available to those who 
can demonstrate their ext raordinary ability through sustai ned national or internati onal acc laim and 
whose achievements have been reco gnized in their tield through extensive documen tatio n. 
The Dire ctor of the Nebraska Service Center denied the petit ion and we dism issed the subs equent 
appeal. The matter is now before us on a motion to reopen and a motion to recon sider. Upon 
review, we will deny the motions. 
A motion ·to reopen must state the new facts to be proved in the reopened proceeding and be 
supponed by affidavits or other documentary ev idence. 8 C.F.R. § l 03.5(a)(2). A motion to 
reconsider must sta te the reasons for reconsider ation and be supponed by any pertinen t precedent 
decision s to establish that the decision was based on an incorrect appl icati on of law or USCIS 
policy. Upon filing, a motion must include all initial evidence required by applicable regulations 
and other USCIS instruct ions . 8 C.F.R. § 103.2(b)(l). A motion that does not meet applicable 
requirement s s hall be dismissed . 8 C.F. R. § I 03.5(a)(4). 
The Petitioner indicated on the Form l-2908, Notice of Appea l or Motion, that it was tiled as a 
motion to reopen and recon sider and the brief is attached. However, rat her than attach ing a brie f the 
Petition er requested addition al time atler the moti on filing date to submi t a brief ·Althoug h the 
regulation at 8 C.F.R. § 103.3(a)(2)(vii) states that a petitioner may be permitted additio nal time to 
subm it a brief or additional evidence to us in connection with an appea l, no such provis ion applies to 
a motion to reopen or recon sider. The additional evidence must comp rise the motion. See 8 C.F.R 
§§ I 03 :5(a)( 2) and (3). 
On motion , the Petitioner submits a copy of an email from the 
and a brief statement that does not contest or mention our prior decision. The Petitioner has 
not asserted new facts to be proved in the reopened proceeding, and does not cite binding precedent 
decisions or other lega l authority establishing that we or the director inconectly applied the pertinent 
law or agenc y policy and that the prior deci sions '..vere erroneous based on the evide nce. of reco rd at 
the tim e. Therefore, the motion s do not satisfy applicable requirement s. 
Malter nfS-L-
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as ivfaller ofS-L-, ID# I 585 I 06 (AAO Apr. 26, 20I 8) 
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