dismissed
EB-1A
dismissed EB-1A Case: Performing Arts
Decision Summary
The decision denies the petitioner's motion to reopen a previously dismissed appeal. The motion was found to be untimely because it was received by USCIS on September 27, 2017, which was outside the 33-day filing period that began after the appeal was dismissed on July 12, 2017.
Criteria Discussed
Timeliness Of Motion
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MATTER OF A-B- Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 30,2017 MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a performing artist, seeks classification as an individual of extraordinary ability in the arts. See Immigration and Nationality Act section203(b)(l)(A), 8U.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 petition and we dismissed the subsequent appeal. The matter is now before us on a motion to reopen. Upon review, we will deny the motion as untimely. USCIS must deny a motion that does not satisfy applicable requirements. See 8 C.F.R. § 103.5(a)(4). A motion must be filed within 33 calendar days of the date that the unfavorable decision was served by mail. 8 C.F.R. §§ 1 03.5(a)(l )(i), 1 03.8(b ). The filing date is the day U.S. Citizenship and Immigration Services (USCIS) receives the motion at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. § 1 03.2(a)(7)(i). On July 12, 2017, we dismissed the Petitioner's appeal and served the unfavorable decision by mail. The decision stated that the Petitioner may tile a motion within 33 days. On August 17, 2017, USCIS received a second Form 1-2908. Notice of Appeal or Motion, indicating that it was filed as an appeal, rather than filed as a motion. We rejected the second appeal on September 12, 2017, because a dismissed appeal may not be appealed again and because the submission did not satisfy applicable filing requirements for either a motion to reopen or a motion to reconsider. See 8 C.F.R. § 103 .5( a)(2)-(3 ). On September 27, 2017, USCIS received a Form I-290B indicating it is a motion to reopen the first appeal we dismissed on July 12. Because USCIS did not receive this motion within 33 days after the July 12 appeal dismissal date, the motion is untimely. ORDER: The motion to reopen is denied. Cite as Matter ofA-B-, ID# 1051883 (AAO Nov. 30, 2017)
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