dismissed EB-1A Case: Sailing

U.S. Citizenship 
and Immigration 
Servi<;es 
MATTER OF R-S-
Non-Precedent Decision nf the 
Administrative Appeals Office 
DATE: APR. I L 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-140,1MMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a sailing competitor and coach, seeks classification as an individual of extraordinary 
ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S. C. ~ 1153(b)( I )(A). 
This first prelcrencc classilication 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 lldd through extensive documentation. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner had a major. internationally recognized prize or award or 
satisfied at least three of the ten evidentiary criteria under 8 C.F.R. § 204.5(h)(3 )(i)-(x). The 
Petitioner appealed the deniaL which we dismissed. She subsequently filed two motions, both of 
which we denied. 
On the instant motion to reconsider, the Petitioner asserts that the file should be remanded back to 
the Director to allow an opportunity for her to request additional evidence in suppo11 of the 
membership criterion at 8 C.F.R. § 204.5(h)(3)(ii). 
Upon review. we will deny the motion. 
I. LAW 
A motion to reconsider must establish that our decision was based on an incorrect application of law 
or policy and that the decision was incorrect based on the evidence in the record of proceedings at 
the time of the decision. 8 C.F.R. § I 03.5(a)(3 ). It must also be supported by a pertinent precedent 
or adopted decision, statutory or regulatory provision, or statement of U.S. Citizenship and 
Immigration Services (USCIS) or Department of Homeland Security policy. 
II. ANALYSIS 
The Director's decision found that the Petitioner met only the membership criterion at 8 C.F.R. ~ 
204.5(h)(3)(ii). In dismissing the appeaL we disagreed with the Director's linding regarding the 
membership criterion, but found that the Petitioner does meet the awards criterion under 8 C.F.R. § 
204.5(h)(3)(i) and the judging criterion at 8 C.F.R. § 204.5(h)(3)(iv). The Petitioner then asserted on 
Maller of R-S-
motion that she meets the membership, published materiaL and original contributions criteria, and 
that she is an individual of extraordinary ability based upon the totality of the evidence. We denied 
that motion, finding that the Petitioner met none of the additional criteria and that she had not 
established that she has the requisite sustained national or international acclaim as either a sailing 
competitor or a sailing coach. In her second motion. the Petitioner focused on the membership 
criterion, which we again denied. 
The Petitioner's instant filing does not meet the requirements for a motion to reconsider. As noted 
above, a motion to reconsider must be supported by any pertinent precedent decisions to establish 
that the decision was based on an incorrect application of law or U.S. Citizenship and Immigration 
Services (USC IS) policy. and that the decision was incorrect based on the evidence in the record at 
the time of the decision. See 8 C.F.R. § 103.5(a)(3). In this motion, the Petitioner does not contend 
that our decision was incorrect through misapplication of law or policy. Rather, she asserts that she 
has not been provided with the opportunity to respond to a request for additional evidence Ji·om the 
Director regarding the membership criterion and that we should therefore remand her petition. She 
cites to no precedent case law or relevant statute or regulation to support her motion. 
III. CONCLUSION 
The Petitioner has not shown that we incorrectly applied any law or policy, or otherwise erred in our 
previous decision. See 8 C.F.R. § I 03.5(a)(3). 
ORDER: The motion to reconsider is denied. 
Cite as Maller of" Matter of R-S-, ID# 1242520 (AAO Apr. II, 2018) 
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