Dismissed
EB-3
EB-3 Dismissed — Software Development (2019): the motion to reconsider was denied because regulations do
Decision Summary
The motion to reconsider was denied because regulations do not allow for a motion to be filed on an appeal that was rejected, as there is no merits-based decision to review. Even if the motion were considered, the underlying appeal was correctly rejected as untimely because it was filed more than four years after the revocation decision, far exceeding the 33-day filing deadline.
Criteria Discussed
Bona Fides Of The Job Offer Ability To Pay Timeliness Of Appeal Beneficiary Standing As Affected Party Motion To Reconsider Requirements
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more EB-3 decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →