dismissed
EB-3
dismissed EB-3 Case: Special Education
Decision Summary
The motion to reconsider was denied because the petitioner's initial I-140 petition was rejected for using an outdated form and thus did not retain a filing date. By the time the petitioner resubmitted the petition on the correct form, the supporting labor certification's validity period had expired. The AAO concluded that its initial rejection of the appeal for lack of jurisdiction was correct, as regulations preclude its review of petitions denied for lack of a valid labor certification.
Criteria Discussed
Valid Labor Certification Timely Filing Appellate Jurisdiction Motion To Reconsider
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