EB-1C Dismissed — Gas Station (2020): it challenged the director's decision to dismiss a motion

Decision Summary

The appeal was dismissed because it challenged the director's decision to dismiss a motion to reconsider. The AAO found that the director correctly dismissed the motion as it was filed 269 days after the initial denial, far exceeding the 30-day regulatory deadline. The AAO noted that, unlike motions to reopen, there is no discretion to excuse the untimely filing of a motion to reconsider.

Criteria Discussed

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