dismissed EB-2 NIW Case: Construction And Building Inspection
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Decision Summary
The motion was dismissed because it was filed untimely. The petitioner failed to present new facts to warrant reopening or establish that the previous decision was based on an incorrect application of law. The petitioner's arguments regarding filing deadlines, including a reference to the 'mailbox rule,' were rejected as inapplicable under governing U.S. immigration regulations, which consider a document filed upon actual receipt.
Criteria Discussed
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