Optician

The motion to reopen and reconsider was dismissed because it was not timely filed. The motion was received on June 4, 2024, 36 days after the appeal decision was issued on April 29, 2024, exceeding the 33-day deadline. Additionally, the Petitioner sent the motion to the USCIS Dallas Lockbox instead of the designated USCIS Phoenix Lockbox for decisions originating from the Texas Service Center, failing to comply with filing instructions.

The motions to reopen and reconsider were dismissed because the previous motion was untimely filed, as USCIS regulations require actual receipt within 33 days, not mailing date. The Petitioner failed to provide evidence of timely receipt or a reasonable explanation for the delay. The motion to reconsider also failed to assert an incorrect application of law or policy in the prior decision.

The Director denied the petition for not establishing eligibility for a national interest waiver. The initial appeal was summarily dismissed because the Petitioner did not identify specific legal or factual errors and failed to submit a brief/additional evidence within 30 days. The motion to reopen was dismissed because the Petitioner incorrectly mailed the appeal brief to a lockbox instead of directly to the AAO. The motion to reconsider was dismissed as the Petitioner did not establish that the previous decision was based on an incorrect application of law or policy.

The appeal was dismissed because the petitioner's motion to reopen and reconsider was filed on June 13, 2023, which was beyond the 30-day regulatory deadline from the petition denial date of December 8, 2022. The petitioner did not provide an explanation for the delay or establish that the delay was reasonable, thus failing to meet the requirements for excusing an untimely filing.