EB-1C Dismissed — Optical Products (2006): the third motion to reconsider was dismissed because it was

Decision Summary

The third motion to reconsider was dismissed because it was based on new evidence (an amended tax return) that was not part of the record at the time of the initial decision. Per regulations, a motion to reconsider cannot be based on new evidence and must establish that the prior decision was incorrect based on the existing record, a burden the petitioner failed to meet.

Criteria Discussed

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