dismissed EB-1C Case: Biotechnology

MATTER OF Y-USB-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 23,2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETLTION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner~ a biotechnology company, seeks to permanently employ the Beneficiary as its vice 
president under the first preference immigrant classification of multinational executives or managers. 
See Immigration and Nationality Act (the Act) section 203(b)(1 )(C), 8 U.S.C. § 1153(b)(l )(C). This 
classification allows a U.S. employer to permanently transfer a qualified foreign employee to the 
United States to work in an executive or managerial capacity. 
The Director, Texas Service Center, denied the petition and we dismissed the subsequent appeal. 
The matter is now before us on a motion to re<;onsider. Upon review, we will deny the motion as 
untimely filed. 
A motion must be filed within 33 calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F .R. § § 103 .5( a)(l )(i); I 03 .8(b ). The filing date is the day USCIS receives the motion 
at the designated tiling location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 103 .2( a)(7)(i). 
On July 29, 2016, we dismissed the Petitioner's appeal and served the unfavorable decision by mail. 
The decision stated that the Petitioner may file a motion within 33 days. USCIS received the motion 
on September 1, 2016, which is 34 after the service date of the unfavorable decision. Accordingly, 
we are denying the motion as untimely filed. 
ORDER: The motion to reconsider is denied. 
Cite as Matter o.fY-USB-, Inc., ID# 354701 (AAO Jan. 23, 2017)