dismissed EB-1A Case: Painting And Calligraphy

MATTER OF A-A-R-I-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 13, 2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I -140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a center for painting and calligraphy exhibitions, seeks to classify the Beneficiary 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)(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 Director concluded that the 
Petitioner had not provided documentation satisfYing the initial evidence requirements set forth at 
8 C.F.R § 204.5(h)(3), which requires documentation of a one-time achievement or evidence that 
meets at least three of the ten regulatory criteria. We dismissed the Petitioner's appeal. 
The matter is now before us on motions to reopen and reconsider. The Petitioner argues that the 
Beneficiary qualifies as an individual of extraordinary ability, and submits a reference letter and a 
program book. We will deny the motions. 
I. LAW 
In order to properly file a motion, the regulation at 8 C.F.R. § 103.5(a)(1)(i) provides that the 
petitioner must file the motion within 30 days of the decision. If the decision was mailed, the motion 
must be filed within 33 days. See 8 C.F.R. § 103.8(b). The regulation at 8 C.F.R. § 1.2 explains that 
when the last day of a period falls on a Saturday, Sunday, or legal holiday, the period shall run until 
the end of the next day that is not a Saturday, Sunday, or legal holiday. The date of filing is not the 
date of submission, but the date of actual receipt with the proper signature and the required fee. See 
8 C.F.R. § 103.2(a)(7)(i). 
II. ANALYSIS 
The record indicates that we issued our decision on May 19, 2016. We properly gave notice to the 
Petitioner that it had 33 days to file a motion. The Form I-290B, Notice of Appeal or Motion, was 
received by U.S. Citizenship and Immigration Services on June 27, 2016, or 39 days after the decision 
was issued. Accordingly, the motions were untimely filed. 
Matter of A-A-R-1-
As it relates to motions to reopen, the regulation at 8 C.F.R. § 103.5(a)(l)(i) provides that "failure to 
file before this period expires, may be excused in the discretion of the Service where it is 
demonstrated that the delay was reasonable and was beyond the control of the applicant or 
petitioner." There is no similar provision in the regulations for motions to reconsider. In this matter, 
the motions were not properly filed within the required thirty days and the Petitioner has not 
demonstrated that this delay was reasonable and beyond its control. The motions must therefore be 
denied as untimely filed. 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128' (BIA 2013). Here, the Petitioner 
has not met that burden. Accordingly, the motions are denied. 
·ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of A-A-R-1-, ID# 13777 (AAO Sept. 13, 2016) 
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