dismissed EB-1A Case: Athletics

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-A-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 11,2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a professional swimmer, seeks classification as an individual of extraordinary ability 
in athletics. See Immigration and Nationality Act section 203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A). 
This first preference classification makes immigrant visas available to those who can demonstrate 
their extraordinary ability through sustained national or international acclaim and whose 
achievements have been recognized in their field through extensive documentation. 
The Director of the Texas Service Center denied the petition and we dismissed the subsequent 
appeal. The matter is now before us on a combined motion to reopen and a motion to reconsider. 
Upon review, we will deny the motions as untimely. 
USC IS must deny a motion that does not satisfy applicable requirements. 8 C.F.R. § 1 03.5(a)(4). A 
motion must be filed within 33 calendar days of the date that the unfavorable decision was served by 
mail. 8 C.F.R. §§ 103.5(a)(l)(i), l03.8(b). Service of a decision by mail is complete upon mailing, 
not upon its receipt. 8 C.F.R. § 1 03.8(b). A rejected submission does not retain a tiling date. 
8 C.F.R. § 1 03.2(a)(7)(ii). We may, in our discretion, excuse a petitioner's failure to tile a motion to 
reopen before the filing period expires if the petitioner demonstrates that the delay was reasonable 
and beyond the petitioner's control. 8 C.F.R. § 103.5(a)(l)(i). However, there is no such provision 
for a motion to reconsider. !d. 
On February 13, 2018, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may file a motion within 33 days. On March 29, 2018, 
USCIS served by mail a notice that it rejected the Petitioner's initial motion attempt because the 
filing fee submitted with the combined motions was incorrect. USCIS received the complete 
combined motions with the correct filing fee on May 18, 2018, which is 50 days after the rejection 
notice date and 94 days after the service date of the appeal dismissal notice. The record does not 
contain sufficient evidence to support the conclusion that the filing delay was reasonable and beyond 
the Petitioner's control. Therefore, we decline to exercise our discretion to excuse the failure to file 
the motion to reopen timely, and there is no exemption for an untimely motion to reconsider. 
Matter of G-A-
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter ofG-A-, ID# 1732095 (AAO June II, 2018) 
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