dismissed EB-1A Case: Multimedia And 3D Animation

In Re: 16763390 
Date: September 1, 2021 
Motion of Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Worker (Extraordinary 
Ability) 
U.S. Departm ent of Homeland Security 
U.S. Citizenship and Immig ration Services 
5900 Capital Gateway Dri ve 
Mail Stop 2090 
Camp Springs, MD 20588-0009 
U.S. Citizenship 
and !mmigration 
The Petitioner, a multi-media and 3-D animator, seeks classification as an alien of extraordinary ability. The Director 
of the Nebraska Service Center denied the petition, concluding that the Petitioner did not provide evidence of his 
receipt of a major, internationally recognized award, or, in the alternative, evidence that he meets at least three of the 
ten initial evidentiary criteria for this classification under 8 CF.R. § 204.5(h){3). The Petitioner filed an appeal, which 
was dismissed by the Administrative Appeals Office {AAO). The Petitioner filed a motion to reopen and reconsider 
the dismissal of his appeal, which was dismissed for not meeting the requirements of a motion. 
The matter is now before us again on a second motion to reopen and reconsider. Upon review, we will dismiss the 
motion. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the immigration benefit sought. 
Section 291 of the Act, 8 U.S.C. § 1361; Matter of Skirball Cultural Ctr., 25 l&N Dec. 799, 806 {AAO 2012). 
A motion to reopen must state new facts and be supported by affidavits or other documentary evidence. 8 C.F.R. 
§ 103.5(a)(2). A motion to reconsider must state the reasons for reconsideration, be supported by any pertinent 
precedent decision to establish that the decision was based on an incorrect application of law or policy, and establish 
that the decision was incorrect based on the evidence in the record at the time of the decision. 8 C.F.R. § 103.5(a){3). 
On motion, the Petitioner indicated in Part 2 of the 1-290B, Notice of Appeal or Motion, that he was filing an appeal 
and would submit his brief/additional evidence to the AAO within 30 days. In Part 7 of the Form 1-290B, the 
Petitioner stated that he was "filing a motion to reopen and reconsider . .. . I am filing my brief with addit'I [sic] 
evidence in 30 days from this appeal." On June 1, 2020, the AAO received a brief related to the motion to reopen and 
reconsider. On August 20, 2020, we sent the Petitioner correspondence to confirm whether he intended to file an 
appeal, a motion to reopen, a motion to reconsider, or a motion to reopen and reconsider. We received the Petitioner's 
response on September 22, 2020. He indicated his intent was to file a motion to reopen and reconsider. 
However, the regulations regarding the submission of a motion to reopen or a motion to reconsider do not provide an 
allowance for additional time to submit a statement, brief or additional evidence. See 8 C.F.R. § 103.5{a){l){iii), see 
also Instructions for Notice of Appeal or Motion, Form 1-290B at 6 (rev. 5/17/2018). The second motion does not 
provide evidence that the brief was submitted by the Petitioner together with the Form 1-290B of the first motion. 
AA0 I290BAAON0000019078638 2013 www.usc1s.gov 
As the Petitioner did not meet the requirements of a motion to reopen or a motion to reconsider, we will dismiss the 
motion. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
AA0 I290BAAON0000019078638 3013 www.usc1s.gov