Industrial Automation Developer

The motions to reopen and reconsider were dismissed because the Petitioner failed to meet the regulatory requirements. For the motion to reopen, no new facts supported by documentary evidence were presented that were material to the issues raised on motion and not previously submitted. For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy or that the decision was incorrect based on the evidence in the record at the time of that decision.

The AAO dismissed the motion to reconsider because the petitioner did not argue that the prior summary dismissal was based on an incorrect application of law or policy, nor did they cite relevant legal provisions. The motion to reopen was dismissed because the petitioner submitted only duplicate copies of previously submitted documents, which do not constitute new facts or evidence as required.

The AAO dismissed the appeal and motions due to procedural errors. The petitioner failed to submit a timely brief and additional evidence to the AAO, instead sending it to the USCIS Phoenix Lockbox. Subsequent motions also did not establish that the prior AAO decision was based on an incorrect application of law or policy, nor did they provide new facts to overcome the procedural dismissal. The Director's original denial was based on the petitioner not establishing that a waiver of the job offer and labor certification would be in the national interest.

The motion to reopen was dismissed due to the Petitioner's failure to present new relevant facts supported by documentary evidence. The motion to reconsider was dismissed because the Petitioner reiterated identical arguments from the previous appeal without demonstrating that the prior decision was based on an incorrect application of law or policy, or incorrect based on the evidence in the record at the time of the decision. The previous appeal was dismissed because the Petitioner did not establish the national importance of the proposed endeavor (Dhanasar Prong 1).