General And Operations Manager

The motion to reopen was dismissed because it was untimely filed and sent to the wrong location. The Petitioner's first motion was filed 54 days after the appeal dismissal, exceeding the 30-day (or 33-day for mailed) regulatory period. The Petitioner failed to demonstrate that the delay was reasonable or beyond their control, and did not provide new evidence or facts to overcome the grounds for dismissal.

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 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 summarily dismissed because the Petitioner failed to identify specific erroneous conclusions of law or statements of fact and did not submit the appeal brief and/or additional evidence to the AAO within 30 days of filing the appeal. The motions to reopen and reconsider were dismissed because the Petitioner did not present new facts to overcome the basis for the summary dismissal nor establish that the prior decision was based on an incorrect application of law or policy.