dismissed EB-1A Case: Opera

MATTER OF M-K-L-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 26, 2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
'J 
The Petitioner, an opera singer, seeks classification as an "alien of extraordinary ability" in the arts. 
See Immigration and Nationality Act (the Act) section 203(b)(1)(A), 8 U.S.C. § 1153(b)(l)(A). The 
Director, Nebraska Service Center, denied the petition and we dismissed the subsequent appeal. The 
matter is now before us on a motion to reopen or a motion to reconsider. 1 Upon review, we will 
· deny the motion as untimely filed. 
A motion must be~ filed within 33 calendar days ofthe 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 p10tion. 8 C.F.R. 
§ 103.2(a)(7)(i). 
On August 11, 2016, we dismissed the Petitioner's underlying appeal and served the unfavorable 
decision by mail. The decision stated that the Petitioner may file a motion within 33 days. USCIS 
received the motion, styled as a second appeal, on September 14, 2016, which is 34 days after the 
service date of the unfavorable decision. We initially rejected this Form I-290B administratively 
because the Appellant sent the Form I-290B to an improper filing location. However, for the 
purposes of determining whether this Form I-290B, ultimately filed on September 29, 2016, was 
filed timely we are treating it as if it were properly filed on September 14,2016. Because that date is 
more than 33 days after the unfavorable decision date, we are denying the motion as untimely filed. 
ORDER: The motion to reopen or reconsider is denied. 
Cite as Matter of M-K-L-S-, ID# 174196 (AAO Oct. 26, 2016) 
1 The Appellant indicated on the Form I-2908 that the form is filed as an appeal to the AAO. However, because the 
decision under review is a dismissed appeal this review would be a motion to reopen or a motion to reconsider. Because 
this Form I-2908 is filed untimely, regardless of whether itjs filed as a motion or an appeal, we need not clarify whether 
the Form I-2908 is filed as a motion to reopen or a motion to reconsider.