dismissed EB-1A Case: Culinary Arts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF G-B-&B-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 23,2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant. seeks classification of the beneficiary as an individual of extraordinary 
ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ 1153(b)(l)(A). The Director of the Texas Service Center denied the petition and we dismissed the 
subsequent appeal. The matter is now before us on a motion to reopen and a motion to reconsider. 
Upon review, we will deny the motions as untimely tiled. 
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); 103.8(b). The tiling date is the day USCIS receives the motion 
at the designated tiling location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ l03.2(a)(7)(i). 
On December 29, 2017, we summarily 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. USClS 
received the motion on February 21,2018, which is 54 days after the service date of the unfavorable 
decision. On motion, the Petitioner asserts that the untimeliness should be excused because a copy 
of the decision was not mailed to the Petitioner's attorney. However, service records indicate that 
the Petitioner did not tile a properly executed Form G-28, Notice of Entry of Appearance as 
Attorney or Accredited Representative. Although the Petitioner's attorney previously submitted 
correspondence to our ollice, he did not submit a Form G-28 and the submission of correspondence 
by an attorney does not create a duty for us to notify the Petitioner that there is not a Form G-28 on 
record. A copy of the appeal decision was mailed to the Petitioner's address of record and could 
have been forwarded to the attorney by the Petitioner at any time. Therefore, we do not find that the 
delay in filing was reasonable or beyond the Petitioner's control. Accordingly, we are denying the 
motions as untimely tiled. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Maller ofG-B-&B-,10# 1481340 (AAO Mar. 23, 2018)