dismissed
EB-1C
dismissed EB-1C Case: Specialized Services
Decision Summary
The motion to reconsider was denied because it was untimely filed. The motion was received 35 days after the service date of the unfavorable decision, which exceeds the 33-day filing deadline stipulated by regulations.
Criteria Discussed
Timeliness Of Motion
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U.S. Citizenship
and Immigration
Services
MATTER OF X-1- LLC
Non-Precedent Decision of the
Administrative Appeals Office
DATE: MAY 9, 2018
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a "specialized services'' business, seeks to pennanently employ the Beneficiary as its
"function manager" under the first preference immigrant classification for multinational executives
or managers. See Immigration and Nationality Act (the Act) section 203(b)(I)(C), 8 U.S.C.
ยง 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 of the Texas Service Center denied the petition and we dismissed the subsequent
appeal. The matter is now before us on a motion to reconsider. 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. ยงยง 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.
ยง 1 03.2(a)(7)(i).
On March 8, 2018, we dismissed the Peiitioner' 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 April 12, 20 I 8, which is 35 days 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 Maller o{X-1- LLC, ID# 1620893 (AAO May 9, 2018) Avoid the mistakes that led to this denial
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