dismissed
EB-1C
dismissed EB-1C Case: Restaurant
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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
Timeliness Of Motion Motion To Reopen Requirements Motion To Reconsider Requirements Covid-19 Flexibility Policy
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