Date of Decision: July 2, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Hydrologist
Field: Hydrology and Environmental Science
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
The appeal focused on procedural issues rather than substantive evaluation of the petitioner’s eligibility under the EB-1 extraordinary ability criteria.
Key Points from the Decision
Filing Errors and Timeliness:
- The petitioner filed a motion to reopen and reconsider but failed to adhere to the filing deadline of July 5, 2023.
- The motion was filed on December 11, 2023, well beyond the allowable timeframe for motions to reopen or reconsider.
- The Administrative Appeals Office (AAO) determined that the delay in filing was not excused, as the petitioner’s justification (“pace of work”) did not qualify as a factor beyond their control.
Procedural Noncompliance:
- The petitioner initially attempted to appeal the AAO’s appellate decision directly, which is not permissible under USCIS regulations.
- A subsequent filing was treated as a motion to reopen or reconsider but was dismissed as untimely.
Supporting Documentation
The decision did not include a substantive evaluation of evidence submitted to meet the regulatory criteria due to the procedural dismissal of the motion.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed.
Reasoning:
The petitioner failed to meet procedural filing requirements, and the AAO found no basis to excuse the late filing. As a result, the petitioner’s case remains denied, and the record does not demonstrate eligibility for EB-1 extraordinary ability classification.
