dismissed EB-1A Case: Unknown

U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
IN RE: 
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. 8 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 further inquiry must be made to that office. 
Administrative Appeals Office 
" Page 2 
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 AAO 
reopened the matter on the petitioner's motion, and affirmed its appellate decision. The matter is 
now before the AAO on a subsequent motion. The motion will be dismissed as untimely filed. 
The regulation at 8 C.F.R. fj 103.5(a)(l)(i) states that a motion must be filed within 30 days of the 
decision that the motion seeks to reopen or reconsider. If the decision was mailed, the motion must be 
filed within 33 days. See 8 C.F.R. 5 103.5a(b). The regulation at 8 C.F.R. 5 I.l(h) 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 
mailing, but the date of actual receipt. See 8 C.F.R. 5 103.2(a)(7)(i). 
The record indicates that the AAO issued its decision affirming denial of the petition on October 25, 
2007. The petitioner's motion was not received until November 28, 2007, 34 days after the AAO's 
decision was issued. Accordingly, the motion was untimely filed. The regulation at 8 C.F.R. 
5 103.5(a)(l)(i) provides that a late motion may be excused in the discretion of U.S. Citizenship and 
Immigration Services (USCIS) where it is demonstrated that the delay was reasonable and was 
beyond the control of the applicant or petitioner. In this instance, the petitioner has not presented 
any argument or evidence to establish that the delay was either reasonable or beyond his control. 
As the motion was untimely filed, the motion must be dismissed. 
ORDER: The motion is dismissed.