dismissed
EB-1A
dismissed EB-1A Case: Education
Decision Summary
The motions to reopen and reconsider were denied because they did not meet the applicable requirements. The petitioner failed to state new facts for the motion to reopen and did not establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider.
Criteria Discussed
Motion To Reopen Motion To Reconsider
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MATTER OF C-G-C Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 22.2018 MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM I-140. IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a Spanish language specialist and teacher, seeks classification as an individual of extraordinary ability in education. See Immigration and Nationality Act (the Act) section 203(b)(I)(A). 8 U.S.C. ยง 1153(b)(l)(A). This first preference classification makes immigrant visas available to those who can demonstrate their extraordinary ability through sustained national or international acclaim and whose achievements have been recognized in their field through extensive documentation. The Director of the Texas Service Center denied the Form I-140, Immigrant Petition for Alien Worker, concluding that the Petitioner had not satisfied any of the initial evidentiary criteria. We dismissed the subsequent appeal and motion to reconsider. The matter is now before us on a motion to reopen and a motion to reconsider. 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 supported by affidavits or other documentary evidence. 8 C.F.R. ยง I 03.5(a)(2). A motion to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or users policy. A motion that does not meet applicable requirements shall be dismissed. 8 C.F.R. ยง I 03.5(a)(4). On motion, the Petitioner submits a letter that does not address the basis for our prior decisions. The Petitioner has not asserted new facts to be proved in the reopened proceeding. and does not cite binding precedent decisions or other legal authority establishing that we or the director incorrectly applied the pertinent law or agency policy and that the prior decisions were erroneous based on the evidence of record at the time. Therefore, the motions do not satisfy applicable requirements. ORDER: The motion to reopen is denied. FURTHER ORDER: The motion to reconsider is denied. Cite as Matter ofC-G-C-, ID# 1218551 (AAO Jan. 22. 20 18)
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