EB-1C Dismissed — Retail (2013): the motion to reopen and reconsider was dismissed because

Decision Summary

The motion to reopen and reconsider was dismissed because it was filed late, 34 days after the decision was issued, exceeding the 30-day limit. The AAO noted that the petitioner's counsel sent the motion to the incorrect address and declined to excuse the delay. The dismissal was based on this procedural failure, upholding the previous denial which found the petitioner had not established the beneficiary would be employed in a qualifying capacity.

Criteria Discussed

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