Initiating a legal motion is akin to appealing before the evaluating officer that handled your petition. Under the law, there are two kinds of motions that a party can file: motion to reopen or motion to reconsider. For a motion to reopen, this allows the party to present more evidence that was not submitted from the past petition, provided that the evidence has a big impact on the decision to deny your EB1 petition. Also, this remedy is possible only when new evidence has surfaced.
For motion to reconsider, this presupposes that the applicant believes that the evaluating officer was wrong in making the decision based on the law. Also, this motion, similar to any other motions and appeals, must not be handled alone without the assistance of an experienced visa lawyer.
