dismissed EB-1A Case: Dance And Choreography

U.S. Citizenship 
and Immigration 
Services 
In Re: 6081540 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAR. 2, 2020 
Form I-140, Immigrant Petition for Alien Worker (Extraordinary Ability) 
The Petitioner, a dancer and choreographer, seeks classification as an individual of extraordinary 
ability in the arts. See Immigration and Nationality Act (the 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 Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien 
Worker , concluding that the Petitioner had not satisfied any of the ten initial evidentiary criteria, of 
which she must meet at least three. The Petitioner appealed the matter to us, and we dismissed the 
appeal. 1 The Petitioner then filed a combined motion to reopen and reconsider , which we denied as 
untimely filed. 2 
On a second combined motion to reopen and reconsider , the Petitioner contends that its previous motion 
was submitted timely and that our decision was based on "a legal error misapplying the existing 
regulations and an abuse of discretion ." 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
See Section 291 of the Act, 8 U.S.C. § 1361. Upon review , we will dismiss the combined motion . 
I. MOTION REQUIREMENTS 
To merit reopening or reconsideration , a petitioner must meet the formal filing requirements (such as, 
for instance , submission of a properly completed Form I-290B , Notice of Appeal or Motion , with the 
correct fee), and show proper cause for granting the motion. 8 C.F.R. § 103.S(a)(l). 
A motion to reopen is based on factual grounds and must (1) state the new facts to be provided in the 
reopened proceeding; and (2) be supported by affidavits or other documentary evidence. 8 C.F.R. 
§ 103.5(a)(2) . A motion to reconsider must establish that we based our decision on an incorrect 
application of law or policy and that the decision was incorrect based on the evidence in the record of 
1 See Matter of E-G-, ID# 1668798 (AAO October 25, 2018) . 
2 See ID# 3606848 (AAO March 28, 2019) 
proceedings at the time of the decision. A petitioner must support its motion to reconsider with a 
pertinent precedent or adopted decision, statutory or regulatory provision, or statement of U.S. 
Citizenship and Immigration Services (USCIS) or Department of Homeland Security policy. 8 C.F.R. 
§ 103.5(a)(3). We may grant a motion that satisfies these requirements and demonstrates eligibility 
for the requested immigration benefit. 
II. ANALYSIS 
The primary issue in this matter is whether the Petitioner established that she timely filed her previous 
combined motion to reopen and reconsider. 
The record reflects that we issued our prior decision dismissing the Petitioner's appeal on 
October 25, 2018, and the Petitioner filed her motion on Thursday, November 29, 2018, 35 days after 
the decision was issued. A motion must be filed within 33 calendar days of the date USCIS served the 
unfavorable decision by mail. See 8 C.F.R. §§ 103.5(a)(l)(i), 103.8(b). When computing the period 
of time for filing an appeal or motion USCIS counts every calendar day (including Saturdays, Sundays, 
and legal holidays) starting the first calendar day after the date USCIS mailed the unfavorable decision. 
If the last day of the filing period falls on a Saturday, Sunday, or a legal holiday, the period to file an 
appeal runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. See 8 
C.F.R. § 1.2.3 
On motion, the Petitioner contends that the previous motion was timely filed. In support, she submits 
a brief in which she asserts as follows: 
The 30th day of the filing fell on Saturday, November 24, 2018 . .... The next day which 
was not on Saturday, Sunday or a legal holiday was Monday, November 26, 2018 . ... 
8 C.F.R. § 103.8(b) provides for 3 days for to respond by mail. This [motion] must have 
been received by Thursday, November 29, 2019. AAO confirmed in the Notice of Denial 
that it was received on November 29, 2019. ACCORDNGLY, THE MOTION TO 
REOPEN/RECONSIDER WAS SUBMITTED TIMELY WITHIN THE PERIOD 
PRESCRIBED BY THE REGULATIONS. 
(Emphasis in original). 
The last day of the filing period applicable to the Petitioner's motion fell on Tuesday, 
November 27, 2018. The Petitioner has not cited to any of the aforementioned sources of authority in 
support of her assertion that we should not count the Saturday and Sunday preceding the last day of 
the relevant filing period. The Petitioner, therefore, does not specifically identify the nature of our 
alleged legal error. 
As the Petitioner has not provided evidence to support her claims, nor alleged an incorrect application 
of law or policy in our prior decision, the motion does not meet the requirements of a motion to reopen 
or a motion to reconsider. 
3 The Petitioner cites to a similar provision at 8 C.F.R. § 1001.1 (h), applicable to appeals that fall under the jurisdiction of 
the Board of Immigration Appeals. 
2 
III. CONCLUSION 
For the reasons discussed, the Petitioner has not shown proper cause for reopening or reconsideration. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
3