dismissed EB-1A

dismissed EB-1A Case: Mathematics

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Mathematics

Decision Summary

The motion to reopen was denied because it did not state new facts to be proved, as required. The petitioner simply reasserted the same arguments that were addressed in the previously dismissed appeal, and the brief was substantively identical.

Criteria Discussed

Motion To Reopen Requirements

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF C-T-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 4, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a mathematics professor, seeks classification as an individual of extraordinary ability 
in education. See Immigration and Nationality Act (the Act) section 203(b)(l)(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 petition and we dismissed the subsequent 
appeal. The matter is now before us on a motion to reopen. Upon review, we will deny the motion. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and beยท 
supported by affidavits or other documentary evidence. 8 C.F.R. ยง I 03.5(a)(2). A motion "is not a 
process by which a party may submit, in essence, the same brief presented on appeal [or a motion to 
reopen or reconsider an appeal] and seek reconsideration by generally alleging error." Matter of 0-
S-G-, 24 I&N Dec. 56, 58 (BIA 2006). 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 reasserts the same arguments addressed in the previous appeal and the 
Petitioner's brief is substantively identical to the brief submitted on appeal. We previously 
addressed the Petitioner's assertions in our decision on the appeal and the motion does not assert 
new facts to be proved in the reopened proceeding. Therefore, the motion does not satisfy applicable 
requirements. 
ORDER: The motion to reopen is denied. 
Cite as MatterofC-T-,ID# 1383880 (AAO June 4, 2018) 
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