dismissed EB-1C

dismissed EB-1C Case: Specialized Services

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Sign up free to download the original PDF

View Full Decision Text
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) 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.