Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Software Engineering (2024): the motion to reopen was dismissed because the petitioner
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Decision Summary
The motion to reopen was dismissed because the petitioner did not provide new facts to warrant reopening the prior decision. The prior motion was a motion to reconsider, which was correctly dismissed as untimely, and unlike a motion to reopen, the regulations do not grant USCIS the discretion to excuse a late filing for a motion to reconsider.
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Motion To Reopen Motion To Reconsider Timely Filing Of Motions 8 C.F.R. § 103.5(A)(2) 8 C.F.R. § 103.5(A)(L)(I)
📄 Original decision (USCIS PDF)
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