dismissed EB-1A Case: Unknown

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Of$ce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
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 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 5 103.5 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). 
LB""- 
%erry Rhew 
Chief, Administrative Appeals Office 
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 matter 
is now before the AAO on motion to reconsider. The motion will be dismissed pursuant to 8 C.F.R. 
$5 103.5(a)(l)(i), 103.5(a)(l)(iii)(C), and 103.5(a)(4). 
The regulation at 8 C.F.R. 5 103.5(a)(l)(i) states in pertinent part that: "Any motion to reconsider an 
action by the Service filed by an applicant or petitioner must be filed within 30 days of the decision 
that the motion seeks to reconsider." 
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. 
The regulation at 8 C.F.R. 5 103.5(a)(l)(i), states that a motion must be filed within 30 days of the 
decision that the motion seeks to reopen or reconsider. The regulation at 8 C.F.R. fj 103.a(b) states 
that whenever a person is required to act within a prescribed period after the service of a notice upon 
him and the notice is served by mail, three days shall be added to the prescribed period. The AAO 
issued the decision dismissing the petitioner's appeal on June 12, 2009. It is noted that the AAO 
clearly and properly gave notice to the petitioner that: "All documents have been returned to the 
office that originally decided your case. Any further inquiry must be made to that office. . . . All 
motions must be submitted to the office that originally decided your case . . . . Any motion must be 
filed within 30 days . . . ." The record indicates that the petitioner attempted to file the instant 
motion with the AAO on July 13, 2009. However, the motion was not accepted because it was not 
submitted "to the office maintaining the record upon which the unfavorable decision was made," the 
Nebraska Service Center. See 8 C.F.R. 5 103.5(a)(l)(iii)(E). On July 14, 2009, the AAO returned the 
Form I-290B, Notice of Appeal or Motion, to the petitioner indicating that her motion had not been 
filed with the correct office. The Nebraska Service Center received the Form I-290B with the proper 
fee on July 20, 2009, 38 days after the decision was served by mail. In this matter, the petitioner's 
motion to reconsider was not properly filed within the required thirty days. The motion must therefore 
Page 3 
be dismissed as untimely filed. 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. § 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 reconsidered, and the previous decisions of the director and the AAO will not be disturbed. 
ORDER: The motion is dismissed.