Dismissed
EB-1A
EB-1A Dismissed — Optical Engineering (2012): the motion to reconsider was dismissed because it failed to
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Decision Summary
The motion to reconsider was dismissed because it failed to meet the regulatory requirements, specifically by not stating how the previous AAO decision was based on an incorrect application of law or policy. The petitioner improperly submitted new evidence, which would be for a motion to reopen, not reconsider. Even with the new evidence, the AAO found the petitioner still failed to meet the minimum number of criteria required for the visa classification.
See how a decision like this gets cited in an EB-1A petition →Criteria Discussed
8 C.F.R. § 204.5(H)(3)(I) (Awards) 8 C.F.R. § 204.5(H)(3)(V) (Original Contributions) 8 C.F.R. § 204.5(H)(3)(Vi) (Scholarly Articles) 8 C.F.R. § 204.5(H)(3)(Viii) (Leading Or Critical Role) 8 C.F.R. § 204.5(H)(3)(Ix) (High Salary)
📄 Original decision (USCIS PDF)
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