Definition
A request for reconsideration based on an asserted incorrect application of law or policy to the record that existed when the decision was made. In practical use, the term should be read in the context of EB-1A, O-1A, EB-2 NIW and the authority governing the particular filing.
Context
Motion to Reconsider is best understood as a defined part of a larger immigration framework, not as a stand-alone promise of eligibility. A request for reconsideration based on an asserted incorrect application of law or policy to the record that existed when the decision was made. The important question is what the term requires or helps prove in the particular petition, application, notice, or status inquiry.
Terminology is most reliable when tied to a source and a precise question. Current regulations and official instructions govern, while examples and practical explanations help show how the concept is ordinarily documented or distinguished from related ideas.
Key points
- Identify the precise classification, form, procedural stage, or legal element in which the term is being used.
- Use current official instructions and authority; fees, filing locations, processing information, and agency procedures can change.
- Explain what each cited document proves instead of relying on the term’s label or the volume of exhibits.
- Keep factual claims consistent across forms, letters, exhibits, timelines, and responses.
- Distinguish this term from Motion to Reopen; similar language can describe a different document, standard, or procedural effect.
Practical example
Hypothetical example: A professional preparing a EB-1A, O-1A, EB-2 NIW filing encounters the term “Motion to Reconsider.” Instead of repeating the label, the filing identifies the governing source, explains the relevant facts, and attaches documentation that addresses the definition. The adjudicator would still evaluate the complete record, and the example does not predict eligibility or approval.
Common misconception
Motion to Reconsider should not be read as granting benefits beyond the action or procedure it actually describes.
Often confused with
Go further
Merito is not a law firm and does not offer legal advice or predict approval odds. This is a readiness review to help you and your attorney strengthen your case.