EB-1C Dismissed — General Merchandise Wholesale (2006): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to present new evidence that was previously unavailable, as required for a motion to reopen. The petitioner also failed to establish that the previous decision was based on an incorrect application of law or policy, which is required for a motion to reconsider. The AAO reaffirmed that the petitioner had not sufficiently demonstrated that the beneficiary's role was primarily executive or managerial, noting the job descriptions provided were generic.

Criteria Discussed

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