dismissed EB-1A Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 9, 2024 In Re: 29989351 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner seeks to classify the Beneficiary as an alien of extraordinary ability. See Immigration and 
Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. § 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 Nebraska Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers 
(petition), concluding the Petitioner did not establish that the evidence relating to the Beneficiary was 
sufficient to satisfy at least three of the ten relevant regulatory criteria. We summarily dismissed a 
subsequent appeal, and the Petitioner now files a motion to reopen and reconsider. The Petitioner 
bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. Section 291 
of the Act; Matter of Chawathe, 25 I&N Dec. 369, 375 (AAO 2010). Upon review, we will dismiss 
the motions. 
I. LEGAL FRAMEWORK 
A motion to reopen must state new facts and be supported by documentary evidence. 8 C.F.R. 
§ 103.5(a)(2). Our review on motion is limited to reviewing our latest decision. 8 C.F.R. 
§ 103.5(a)(l)(ii). We may grant motions that satisfy these requirements and demonstrate eligibility 
for the requested benefit. See Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992) (requiring that 
new evidence have the potential to change the outcome). 
A motion to reconsider must: (1) state the reasons for reconsideration, (2) be supported by any 
pertinent precedent decision to establish that the decision was based on an incorrect application of law 
or policy, and (3) 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). A motion to reconsider that does not satisfy these 
requirements must be dismissed. 8 C.F.R. § 103.5(a)(4). 
TI. ANALYSIS 
After the Director denied the petition, the Petitioner filed an appeal reflecting they would submit a brief 
within 30 days (follow-on brief) and included a generalized statement relating to the Director's decision. 
We summarily dismissed that appeal because the Petitioner's general statement accompanying the appeal 
was not sufficiently detailed to demonstrate the Director erred. We also noted within the appellate 
dismissal that the record did not contain the Petitioner's follow-on brief. Now, the Petitioner files a 
motion to reopen and reconsider of that summary dismissal. 
As our decision on the appeal contained two adverse determinations, we will evaluate the motions in that 
context. First, the Petitioner's motions do not dispute our determination that their statements 
accompanying the appellate filing did not specifically identify any erroneous conclusion of law or 
statement of fact for the appeal. The regulation at 8 C.F.R. § 103.3(a)(l)(v) requires the filing party to 
make such an allegation, and the failure to do so mandates the summary dismissal of any appeal. Further, 
this is a requirement detailed in the Instructions for Notice ofAppeal or Motion. Each form's instructions 
regulate the designated location for filing the form and any attendant materials. Adherence to a form's 
instructions is mandated within the regulation. See 8 C.F.R. § 103.2(a)(l). This regulation 
specifically states: 
Every benefit request or other document submitted to DHS must be executed and filed in 
accordance with the form instructions . . . and such instructions are incorporated into the 
regulations requiring its submission. 
The regulation at 8 C.F.R. § 103.3(a)(2) provides in pertinent part: "The affected party must submit the 
complete appeal ... as indicated in the applicable form instructions .... " The instructions for the Form 
I-290B, Notice of Appeal or Motion state: 
Appeal: Provide a statement that specifically identifies an erroneous conclusion of law 
or fact in the decision being appealed. You must provide this information with the 
Form 1-290B, even if you intend to file a brieflater. 
(Emphasis in original). The lack of a statement adequately detailing such an error is one illustration of 
the Petitioner's failure to adhere to the regulatory requirements for filing an appeal. This shortcoming 
prevents the Petitioner from demonstrating that our prior decision was based on an incorrect application 
of law or policy, and that decision was incorrect based on the evidence in the record of proceedings at 
the time of the decision. As a result, the Petitioner has not satisfied the requirements of a motion to 
reconsider relating to this adverse element of our appellate decision. Additionally, because the 
Petitioner did not address this element of the appeal dismissal in their motions, we consider the issue to 
be abandoned for this and any subsequent proceeding associated with the petition, motion or otherwise. 
See Matter ofPougatchev, 28 I&N Dec. 719, 729 (BIA 2023) ( concluding issues that are not meaningfully 
addressed are waived). 
Second, although the Petitioner addresses the second adverse determination in our appellate dismissal 
relating to their submission of a follow-on brief within 30 days, we conclude they again did not adhere to 
the Form I-290B instructions on this issue. Relating to the location filing parties are required to submit 
any follow-on briefs, the instructions for the Form I-290B state: 
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For appeals, you must file any brief and/or additional evidence within 30 calendar days 
of filing Form I-290B. Any brief and/or evidence submitted after you file Form 
I-290B must be sent directly to the AAO, even if the appeal has not yet been 
transferred to the AAO. 
For the AAO's mailing address, visit www.uscis.gov/aao. The submission must clearly 
identify the appeal it relates to. 1 
(Emphasis in original). Additionally, the Petitioner filed the Form I-290B indicating they would submit 
their "brief and/or additional evidence to the AAO within the 30 calendar days of filing the appeal." 
(Emphasis added). 
The motions contain new facts and supporting evidence demonstrating the Petitioner mailed the follow-on 
brief to the address listed on this agency's website for the U.S. Citizenship and Immigration Services 
Phoenix Lockbox associated with FedEx, UPS, and DHL deliveries. Notably, the Petitioner mailed the 
follow-on brief to the address associated with the lockbox instead of "directly to the AAO" as required 
by the Form I-290B instructions listed above. This is a second instance in which the Petitioner did not 
follow the Form I-290B instructions and that shortcoming resulted in a dismissal of their appeal. Even 
though the Petitioner provided new facts and supported those with documentary evidence as a motion to 
reopen, their submission does not demonstrate eligibility for the requested benefit, nor does it have the 
potential to change the outcome of our most recent decision. See Coelho, 20 T&N Dec. at 4 73. 
As we noted in our decision on the appeal, 8 C.F.R. § 103.3(a)(l)(v) provides that an appeal must be 
summarily dismissed if the filing party has not identified a basis for the appeal because they did not 
specifically identify any erroneous conclusion oflaw or statement of fact. Because the Petitioner did not 
adhere to the form's instructions by including such a statement attributing error to the Director's decision, 
and because they failed to follow the form's instructions regarding where to submit the appeal brief, we 
conclude that our decision to summarily dismiss the appeal was a correct one. 
III. CONCLUSION 
Although the Petitioner has submitted additional evidence in support of the motion to reopen, the 
Petitioner has not established eligibility. On motion to reconsider, the Petitioner has not demonstrated 
that our previous decision was based on an incorrect application of law or policy at the time we issued 
our decision. Therefore, the motions will be dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
1 AAO is the initialism for this office, the Administrative Appeals Office. 
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