Vocational Agricultural Teacher

The motions were dismissed as untimely filed. The latest motion decision was issued on March 18, 2024, and the Petitioner filed the current motions on May 20, 2024, which was 63 days later, exceeding the 33-day filing deadline. Although the delay was attributed to a dishonored check, the Petitioner failed to demonstrate that the delay was reasonable and beyond his control as required by 8 C.F.R. § 103.5(a)(1). For the motion to reconsider, there is no regulatory authority to extend the 33-day time limit.

The AAO dismissed the motions because the Petitioner failed to provide evidence of intent to work as a postsecondary teacher at the time of filing, such as letters from prospective employers, prearranged commitments, or a detailed statement of plans. Evidence submitted largely related to events after the January 2013 filing date, which is not considered. The Petitioner's SJD degree and part-time research assistant experience were deemed insufficient to establish intent or experience as a postsecondary teacher. Prior petitions claiming intent to work as a self-employed lawyer were also noted.

The appeal was dismissed as moot because the Petitioner already obtained U.S. permanent resident status through another approved petition on March 7, 2024. The underlying merits of the EB-1A criteria were not re-evaluated in this specific appellate decision.

The appeal was dismissed because the Petitioner failed to address or dispute the Director's finding regarding the intent to continue work in the area of expertise in the United States, as required by 8 C.F.R. § 204.5(h)(5). This uncontested ground was deemed waived and was dispositive of the appeal. The AAO noted the petitioner's May 2023 statement lacked detailed plans and corroborating evidence for seeking research positions at listed institutions.