dismissed EB-1A Case: Mathematics

MATTER OF D-S-J-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 2, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM J-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a mathematician who proposes to found a company and serve as its chief executive 
officer, seeks classification as an "alien of extraordinary ability" in the sciences. See Immigration 
and Nationality Act § 203(b )(1 )(A), 8 U .S.C. § 1153(b )(1 )(A). This classification makes visas 
available to foreign nationals 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, Nebraska Service Center, denied the petition. The Petitioner appealed the matter to us. 
We withdrew the Director's decision and remanded the matter for further consideration and entry of 
a new decision. The Director certified the matter to us. We affirmed the certified decision. 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 filed. 
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 filing date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 103.2(a)(7)(i). 
On March 25, 2016, we affirmed the certified decision of the Director, Nebraska Service Center, and 
served the unfavorable decision by mail. The decision stated that the Petitioner may file a motion 
within 33 days. USCIS received the motion on April 28, 2016, which is 34 days after the service 
date of the unfavorable decision. Therefore, the motions are untimely filed. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of D-S-J-, ID# 405243 (AAO Mar. 2, 2017)