dismissed
EB-3
dismissed EB-3 Case: Construction
Decision Summary
The appeal was dismissed because it concerned a motion to reopen that was found to be untimely filed. The petitioner's initial motion was rejected for being filed on an outdated form, and the subsequent correctly-filed motion was received after the regulatory deadline had passed. The AAO concluded that the Director did not err in declining to exercise discretion to accept the late filing.
Criteria Discussed
Timeliness Of Motion To Reopen Incomplete Labor Certification Discretion To Excuse Late Filing
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