dismissed EB-1A Case: Vocational Agriculture

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 27, 2024 In Re: 33790981 
Motion on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a vocational agricultural teacher, seeks classification as an individual of extraordinary 
ability. See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S.C. 
§ l l 53(b )(1 )(A). 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish that he met the initial evidentiary requirements through either a receipt of a one-time 
achievement or satisfaction of at least three of the ten categories of evidence. We dismissed the appeal 
and three subsequent motion filings. The matter is now before us on a combined motion to reopen 
and reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter of Chawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). Upon review, we will dismiss the 
motion. 
A motion to reopen must state new facts and be supported by documentary evidence. 8 C.F.R. 
§ 103.5(a)(2). Our review on motion is limited to reviewing our latest decision. 8 C.F.R. 
§ 103.5(a)(l)(ii). We may grant motions that satisfy these requirements and demonstrate eligibility 
for the requested benefit. See Matter of Coelho, 20 I&N Dec. 464, 473 (BIA 1992) (requiring that 
new evidence have the potential to change the outcome). 
The Petitioner acknowledges that his motion filing is late. He provides evidence showing that he 
attempted to file the motions (Notice of Appeal or Motion, Form I-290B) on April 12, 2024, and again 
on April 23, 2024, but that U.S. Citizenship and Immigration Services (USCIS) rejected the filings 
because the check submitted as payment of the filing fee was returned by the bank. The Petitioner 
again attempted to file the motions in May 2024. The record indicates that USCIS received the filing, 
along with the correct fee payment, on Monday, May 20, 2024. 
Under 8 C.F.R. § 103.5(a)(l) and 8 C.F.R. § 103.8(b), in general, motions must be filed within 33 days 
of the adverse decision. The regulation at 8 C.F.R. § 103.2(a)(7)(i) explains that the filing date is "the 
actual date of receipt at the location designated for filing such benefit request whether electronically 
or in paper format." In addition, 8 C.F.R. § 103.5(a)(l)(iii)(B) specifies that a motion filing must 
include a fee payment of the correct amount. As relating to a motion to reopen the proceeding, the 
filing deadline may be excused if a petitioner demonstrates that the delay was reasonable and was 
beyond their control. 8 C.F.R. § 103.S(a)(l). 
We will dismiss the Petitioner's combined motions because they are untimely filed. Our latest motion 
decision was issued on March 18, 2024. The Petitioner properly filed his motions on May 20, 2024, 1 
63 days after we issued the adverse decision. While the evidence indicates that the delay was due to 
the Petitioner's fee payment being dishonored by the bank on first two occasions when he attempted 
to file the current motions, he has not argued or shown through documentation that the delay in filing 
is reasonable and beyond his control. See 8 C.F.R. §§ 103.S(a)(l), 103.8(b). With respect to the 
motion to reconsider, neither the Act nor the pertinent regulations grant us authority to extend the 33-
day time limit for filing a motion to reconsider. Accordingly, the combined motions will be dismissed 
as untimely filed. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
1 When computing the period of time for filing an appeal or motion, USCIS counts every calendar day (including Saturdays, 
Sundays, and legal holidays) starting the first calendar day after the date USCIS mailed the unfavorable decision. If the 
last day of the filing period falls on a Saturday, Sunday, or a legal holiday, the period to file an appeal or motion runs until 
the end of the next day which is not a Saturday, Sunday, or legal holiday. See 8 C.F.R. § 1.2 
2