Speech Therapist

The petitioner proposes to work as a speech pathologist focusing on the Hispanic-Latino population, providing screenings for speech, language, and hearing pathologies, early childhood stimulation, and therapeutic interventions. She intends to provide home rehabilitation for elderly patients and those with long-haul COVID-19 symptoms while educating parents and training health professionals.

The motion to reopen and reconsider was dismissed because the previous combined motion was untimely filed. The unfavorable decision was mailed on October 30, 2023, but the Form I-290B was received on December 14, 2023, which was 45 days after the decision, exceeding the required timeframe. USCIS regulations state that a benefit request is considered received on the actual date of receipt at the designated filing location, not the date of mailing.

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 appeal was dismissed because the petitioner failed to establish eligibility for EB-2 as an individual of exceptional ability. The AAO found the petitioner did not meet three of the six regulatory criteria, specifically regarding 10 years of full-time experience, a license to practice a 'profession' as defined by regulations, and commanding a salary indicative of exceptional ability. The AAO also noted unresolved inconsistencies in employment claims, diminishing the credibility of evidence. The national interest waiver was not evaluated as the underlying EB-2 eligibility was not met.