EB-1C Dismissed — Restaurant (2021): the combined motion to reopen and reconsider was dismissed

Decision Summary

The combined motion to reopen and reconsider was dismissed on procedural grounds. The petitioner failed to provide new facts to support the motion to reopen and did not establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider. The argument to excuse a previously untimely filing due to the COVID-19 pandemic was rejected due to a lack of specific evidence demonstrating the delay was beyond the petitioner's control.

Criteria Discussed

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