dismissed EB-1A Case: Unknown

US. Departnler~t of Honleland Sccurit) 
U.S. Citizenship and Immigration Services 
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OfJice oj'Adnzinistrcrfive Appeals MS 2090 
Washington, DC 20529-2090 
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U.S. Citizenship 
and Immigration 
PUBLIC COPY 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1 1 53(b)( 1 )(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 further 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. 8 103.5 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). 
FryWhdC 
Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center. The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter 
is now before the AAO on a motion to reconsider filed by the beneficiary. The motion will be 
dismissed pursuant to 8 C.F.R. 55 103.5(a)(l)(iii)(A) and (C). 
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. 
In order to properly file a motion, the regulation at 8 C.F.R. 5 103.5(a)(l)(iii)(A) provides that the 
motion be "signed by the affected party or the attorney or representative of record." The regulation at 
8 C.F.R. 5 103.3(a)(l)(iii)(B) states that the "'affected party' (in addition to the Service) means the 
person or entity with legal standing in a proceeding. It does not include the beneficiary of a visa 
petition." 
The Form 1-140. Immigrant Petition for Alien Worker, was filed by- 
The motion to reconsider, however, was signed and submitted by the beneficiary. The motion has 
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not been filed by the petitioner, nor by any entity with legal standing in the proceeding. Moreover, 
the motion does not contain the statement required by 8 C.F.R. 5 103.5(a)(l)(iii)(C). 
The regulation at 8 C.F.R. 8 103.5(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 AA07s May 20, 2009 decision is affirmed, 
and the petition remains denied.