Date of Decision: January 10, 2025
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability
Petitioner Information
Profession: Lawyer
Field: Law
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Motion Outcome: Combined motion to reopen and reconsider dismissed
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met
- None
Criteria Not Met
- Regulatory Threshold (8 C.F.R. § 204.5(h)(3)): The Director determined the petitioner did not provide evidence of a major internationally recognized award or establish at least three of the ten criteria.
- Motion to Reopen (8 C.F.R. § 103.5(a)(2)): The petitioner did not state new facts supported by documentary evidence.
- Motion to Reconsider (8 C.F.R. § 103.5(a)(3)): The petitioner did not establish that the Director’s prior decision was based on an incorrect application of law or policy.
- Appeal Brief Deficiency: On appeal, the petitioner addressed only the original denial rather than the dismissal of the motion. The AAO emphasized that failure to challenge the most recent decision was sufficient to warrant dismissal.
Key Points from the Decision
- Failure to Address Motion Dismissal: The appeal focused on the original denial instead of contesting the Director’s dismissal of the motion.
- Summary Dismissal Justified: Under 8 C.F.R. § 103.3(a)(1)(v), the AAO summarily dismissed the appeal due to failure to identify an erroneous conclusion of law or fact in the Director’s most recent decision.
- Claims Considered Abandoned: Because the petitioner did not contest the issues decided in the motion dismissal, those claims were deemed waived.
Final Merits Determination
The AAO dismissed the appeal, concluding that the petitioner failed to demonstrate that the Director erred in dismissing the combined motion to reopen and reconsider. Without addressing that dismissal, the petitioner could not return to the merits of the original petition denial.
Supporting Documentation
- Appeal Brief: Addressed original denial but not the motion dismissal.
- Motion Evidence: No new facts or legal arguments meeting regulatory requirements.
- Director’s Findings: Determined the motion did not meet reopening or reconsideration standards.
Conclusion
Final Determination: Appeal dismissed.
Reasoning: The petitioner failed to address the Director’s dismissal of the motion to reopen and reconsider, leading to summary dismissal. Claims from the original denial were considered abandoned.
