dismissed EB-1A
Hydrologist
Hydrologist · 2024-11-13
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.
Framework Evaluation
0 of 3 criteria metWhy This Petition Was Denied
The motion to reopen was dismissed because the Petitioner did not provide new facts pertaining to the untimeliness of the prior motion. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, nor did she dispute the correctness of the decision to dismiss her motion on the basis of its untimely filing. The Petitioner's explanation for the delay, 'it was difficult for me to finish printing everything just in time,' was not deemed reasonable or beyond her control.
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The motion to reconsider was dismissed as untimely because it was received after the 33-day deadline and regulations permit no extensions. The motion to reopen was dismissed because the Petitioner's excuse for the delay—workload and difficulty printing documents—did not establish that the delay was beyond her control. The underlying EB-1A petition remains denied as the Petitioner did not satisfy the minimum of three evidentiary criteria.
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USCIS EB-1A dismissed
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The motion to reconsider was dismissed because there is no legal basis for accepting a late-filed motion to reconsider. The motion to reopen was dismissed because the Petitioner did not demonstrate that the 41-day delay was reasonable or beyond her control, as the provided state documentation and support letters lacked specific details linking the car crash to the filing delay.
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USCIS EB-1A dismissed
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The motion to reopen and reconsider was dismissed because the Petitioner failed to establish that the prior summary dismissal was based on an incorrect application of law or policy. Although the Petitioner provided a copy of a supplemental brief, it was incorrectly mailed to Arizona instead of the AAO, and the Petitioner offered no new facts to overcome the grounds for the original dismissal.
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USCIS EB-1A dismissed
2025-03-13
The combined motion to reopen and reconsider was dismissed because the Petitioner did not provide new facts or establish that the previous dismissal was based on an incorrect application of law or policy. Specifically, the Petitioner sent his appeal brief to the wrong location, violating 8 C.F.R. § 103.3(a)(2) and Form I-290B instructions. The Petitioner's resubmission of previously provided information did not meet the requirements for a motion to reopen.
Frequently Asked Questions
A dismissed EB-1A petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-13.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
EB-1A Case Data
Scraped Case Data
Total Cases 881
Success Rate 52.9%
Sustained 466
Dismissed 299
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