dismissed EB-1C Case: Freight Air Transportation

U.S. Citizenship 
and Immigration 
Services 
MATTER OF AMEE- INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 20, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a freight air transportation service company, seeks to permanently employ the 
Beneficiary as its vice president under the first preference immigrant classification for multinational 
executives or managers. See Immigration and Nationality Act (the Act) section 203(b )( 1 )(C), 
8 U.S.C. § 1153(b)(1)(C). This classification allows a U.S. employer to permanently transfer a 
qualified foreign employee to the United Sta:tes to work in an executive or managerial capacity. 
The Director of the Nebraska Service Center denied the petition and we dismissed the subsequent 
appeal. The matter is now before us on a motion to reopen and a motion to reconsider. Upon 
review, we will deny the motions 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); 103.8(b). The filing date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 103 .2( a )(7)(i). 
On April 27, 2017, we denied the Petitioner's motion to. reconsider 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 May 31, 2017, which is 34 days after the service date of the 'unfavorable 
decision. Accordingly, we are denying the motions as untimely filed. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of AMEE- Inc, ID# 905934 (AAO Sept. 20, 2017)