dismissed EB-1A Case: Not Specified

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Ofice of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
FILE: - Clffice: NEBRASKA SERVICE CENTER Date: D EC 0 8 2009 
LIN 07 067 50812 
IN RE: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability hsuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any fiuther inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). 
t- chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter 
is now before the AAO on motion to reconsider. The motion will be dismissed pursuant to 8 C.F.R. 
$5 103.5(a)(l)(i), 103S(a)(l)(iii)(C), and 103.5(a)(3) and (4). 
The regulation at 8 C.F.R. 5 103.5(a)(l)(i) states in pertinent part: "Any motion to reconsider an 
action by the Service filed by an applicant or petitioner must be filed within 30 days of the decision 
that the motion seeks to reconsider." 
The regulation at 8 C.F.R. 5 103.5(a)(l)(iii) provides: 
(iii) Filing Requirements - A motion shall be submitted on Form I-290B, and may be 
accompanied by a brief. It must be: 
(A) In writing and signed by the affected party or the attorney or representative of 
record, if any; 
(B) Accompanied by a nonrefundable fee as set forth in 5 103.7; 
(C) Accompanied by a statement about whether or not the validity of the unfavorable 
decision has been or is the subject of any judicial proceeding and, if so, the court, nature, 
date, and status or result of the proceeding; 
(D) Addressed to the official having jurisdiction; and; 
(E) Submitted to the office maintaining the record upon which the unfavorable decision 
was made for forwarding to the official having jurisdiction. 
The regulation at 8 C.F.R. 5 103.5(a)(l)(i), states that a motion must be filed within 30 days of the 
decision that the motion seeks to reconsider. The regulation at 8 C.F.R. 5 103.5a(b) states that 
whenever a person is required to act within a prescribed period after the service of a notice upon her 
and the notice is served by mail, three days shall be added to the prescribed period. The AAO issued 
the decision dismissing the petitioner's appeal on March 31, 2009. The record indicates that the 
petitioner filed the instant motion to reconsider on May 28, 2009, 58 days after the decision of the 
AAO. The motion must therefore be dismissed as untimely filed. 
Furthermore, a motion to reconsider must state the reasons for reconsideration and be supported by 
any pertinent precedent decisions to establish that the decision was based on an incorrect application 
of law or U.S. Citizenship and Immigration (USCIS) policy. 8 C.F.R. 8 103.5(a)(3). A motion to 
reconsider a decision on an application or petition must, when filed, also establish that the decision 
was incorrect based on the evidence of record at the time of the initial decision. Id. A motion to 
reconsider cannot be used to raise a legal argument that could have been raised earlier in the 
proceedings. Rather, the "additional legal arguments" that may be raised in a motion to reconsider 
should flow from new law or a de novo legal determination reached in its decision that may not have 
been addressed by the party. Further, a motion to reconsider is not a process by which a party may 
generally allege error in the prior decision. Instead, the moving party must specify the factual and 
legal issues raised on appeal that were decided in error or overlooked in the initial decision or must 
show how a change in law materially affects the prior decision. See Matter of Medrano, 20 I&N 
Dec. 21 6,219 (BIA 1990,1991). 
On motion, the petitioner discusses her personal history, her activities in the field, the threats her 
family faced in Nepal, and her desire to remain in the United States. The petitioner does not specify 
findings in the AAO's appellate decision that were incorrect based on the evidence of record at the 
time of the decision. Further, the petitioner has not supported her motion with any precedent 
decisions to establish that the AAO's decision was based on an incorrect application of law or 
USCIS policy. Moreover, the motion does not contain the statement required by 8 C.F.R. 
5 103S(a)(l)(iii)(C). 
The regulation at 8 C.F.R. 5 103.5(a)(4) states that "[a] motion that does not meet applicable 
requirements shall be dismissed." Accordingly, the motion will be dismissed, the proceedings will not 
be reopened, and the previous decisions of the director and the AAO will not be disturbed. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of 
the Act, 8 U.S.C. 5 1361. Here, the petitioner has not sustained that burden. 
ORDER: The motion to reconsider is dismissed, the AAO's March 3 1,2009 decision is affirmed, 
and the petition remains denied.