Date of Decision: May 21, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: International Consultant
Field: Strategic Communications and Global Development
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summary dismissal upheld, motion to reopen and reconsider dismissed
Evidentiary Criteria Analysis
The Petitioner’s appeal was summarily dismissed due to procedural deficiencies, including failure to provide a supplemental brief to the correct address. On motion, the Administrative Appeals Office (AAO) determined that no new evidence or arguments were presented to warrant reopening or reconsidering the prior decision.
Key Points from the Decision
Procedural Issues:
The petitioner failed to send the supplemental appeal brief to the correct address, resulting in the AAO not receiving it within the required timeframe.
Motions to Reopen and Reconsider:
- Motion to Reopen: The petitioner failed to provide new facts relevant to the appellate decision to warrant reopening the case.
- Motion to Reconsider: The petitioner did not demonstrate any error in law or policy in the prior appellate decision.
Supporting Documentation
Supplemental Brief: Provided with evidence of misdirected delivery to Tempe, Arizona, but this did not overcome procedural deficiencies.
FedEx Tracking Receipt: Submitted as evidence of delivery but irrelevant due to failure to comply with AAO instructions.
Conclusion
Final Determination: The motion to reopen and motion to reconsider were dismissed.
Reasoning:
The petitioner did not present new evidence or establish any error in law or policy to warrant reopening or reconsidering the prior decision. The appeal remains dismissed, and the underlying petition remains denied.