EB-2 Dismissed — Unknown: the motion to reopen and reconsider was dismissed on

Decision Summary

The motion to reopen and reconsider was dismissed on procedural grounds. The motion to reopen failed because it did not present new facts or evidence that could not have been submitted previously. The motion to reconsider failed because counsel did not demonstrate that the AAO's initial decision was based on an incorrect application of law, as the supporting documents were improperly sent to the Nebraska Service Center instead of the AAO as required. Additionally, the motion was dismissed for failing to include a required statement about whether the case was the subject of any judicial proceeding.

Criteria Discussed

Sign up free to download the original PDF