dismissed EB-2 NIW Case: Entrepreneurship
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Decision Summary
The motion to reopen and reconsider was dismissed because it was not filed within the required timeframe. The petitioner failed to provide new facts or evidence for reopening, and did not establish that the previous decision was based on an incorrect application of law for reconsideration. The AAO rejected the petitioner's argument based on the 'mailbox rule,' clarifying that USCIS regulations define the filing date as the date of actual receipt.
Criteria Discussed
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