EB-1C Dismissed — Restaurant (2020): the motion to reopen and reconsider was dismissed because a

Decision Summary

The motion to reopen and reconsider was dismissed because a prior motion was not timely filed. The petitioner filed their previous motion one day after the 33-day deadline and failed to demonstrate that the delay was reasonable or beyond their control. The AAO also determined that USCIS's COVID-19 flexibility policies for late filings did not apply because the original decision date fell outside the policy's effective period.

Criteria Discussed

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