dismissed EB-1A Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: FEB. 18, 2025 In Re: 36761525 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner 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)(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 Nebraska Service Center denied the petition, concluding the Petitioner had not 
demonstrated a one-time achievement or satisfaction of at least three of the ten categories of evidence. 
We dismissed the Petitioner's appeal and four subsequent motions. The matter is now before us on 
combined motions to reopen and reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the 
motions as untimely filed. 
A motion to reopen must state new facts and be supported by documentary evidence. 8 C.F.R. 
§ 103.5(a)(2). A motion to reconsider must establish that our prior 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. § 103.5(a)(3). We may grant motions that satisfy 
these requirements and demonstrate eligibility for the requested benefit. Because the scope of a motion 
is limited to the prior decision, we will only review the latest decision in these proceedings. 8 C.F.R. 
§ 103.5(a)(l)(i), (ii). 
Furthermore, under 8 C.F.R. § 103.5(a)(l) and 8 C.F.R. § 103.8(b), in general, motions must be filed 
within 33 days of the adverse decision. The regulation at 8 C.F.R. § 103.2(a)(7)(i) explains that the 
filing date is "the actual date of receipt at the location designated for filing such benefit request whether 
electronically or in paper format." In addition, 8 C.F.R. § 103.5(a)(l)(iii)(B) specifies that a motion 
filing must include a fee payment of the correct amount. As relating to a motion to reopen the 
proceeding, the filing deadline may be excused if a petitioner demonstrates that the delay was 
reasonable and was beyond their control. 8 C.F.R. § 103.5(a)(l)(i) . 
In our decision dismissing the Petitioner's fourth motions, we stated that his combined motions to 
reopen and reconsider were untimely filed. We indicated that while the Petitioner attempted to file 
his motions on April 12, 2024, and again on April 23, 2024, U.S. Citizenship and Immigration Services 
(USCIS) rejected the filings because the check submitted as payment of the filing fee was returned by 
the bank. We further noted that the Petitioner again attempted to file the motions in May 2024. The 
record indicates that USCIS received the fourth motion filings, along with the correct fee payment, on 
Monday, May 20, 2024. We determined that the Petitioner had not shown that the delay in filing was 
reasonable and beyond his control and dismissed the fourth motions as untimely. 
We will also dismiss the Petitioner's current motions as untimely filed. Our latest decision was issued 
on September 27, 2024. The Petitioner attempted to file his combined motions in October 2024, but 
USCIS rejected the filings because he selected both an appeal and a motion on the Form I-290B, 
Notice of Appeal or Motion. 1 The Petitioner acknowledges this error stating that the rejections were 
"based on selecting both an appeal and a motion to reopen, and a motion to reconsider in I-290B." 
The Petitioner properly filed his motions on November 4, 2024, 38 days after we issued the adverse 
decision. While the evidence indicates that the delay was due to the Petitioner not properly completing 
information on the Form I-290B, he has not argued or shown through documentation that the delay in 
filing the motion to reopen was reasonable and beyond his control. See 8 C.F.R. § 103.S(a)(l)(i). 
With respect to the motion to reconsider, neither the Act nor the pertinent regulations grant us authority 
to extend the 33-day time limit for filing a motion to reconsider. Accordingly, the combined motions 
will be dismissed as untimely filed. 
Furthermore, the Petitioner has not established new facts relevant to our latest decision that would 
warrant reopening of the proceedings, nor has he shown that we erred as a matter of law or USCIS 
policy. Consequently, we have no basis for reopening or reconsideration of our decision. For these 
additional reasons, the motions will be dismissed. 8 C.F.R. § 103.5(a)(4). The Petitioner's appeal 
therefore remains dismissed, and his underlying petition remains denied. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
1 Part 2 of the Form I-290B states: "If you select both an appeal and a motion, we may dismiss or reject your filing." 
2