dismissed EB-2 Case: Unknown

U.S. Department of EIomeland Security 
identifying data deleted to 
 U. S. Citizenship and Immigration Services 
ofAdministrative Appeals MS 2090 
prevent clearly unwmted 
 ington, DC 20529-2090 
. hvasion of Grsonal privacy 
puBCIC COPY 
US 
FILE: Office: NEBRASKA SERVICE CENTER Date: SEP 1 4 2009 
LIN 04 030 51774 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced Degree 
or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality 
Act, 8 U.S.C. 5 11 53(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. tj 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). 
John F. Grissom (/ [ 
Acting Chief, Administrative Appeals Office 
* . 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
petitioner appealed this denial to the Administrative Appeals Office (AAO), and, on October 16, 
2008, the AAO dismissed the appeal. Counsel to the petitioner filed a Motion to Reconsider the 
AAO's decision in accordance with 8 C.F.R. $ 103.5. The Motion will be dismissed pursuant to 8 
C.F.R. $5 103.5(a)(l)(i), 103.5(a)(l)(iii)(C). 
U.S. Citizenship and Immigration Services (USCIS) regulations require that motions to reconsider 
be filed within 30 days of the underlying decision. 8 C.F.R. $ 103.5(a)(l)(i). Similarly, USCIS 
regulations require that motions to reopen be filed within 30 days of the underlying decision, except 
that failure to timely file a motion to reopen may be excused in the discretion of USCIS where it is 
demonstrated that the delay was reasonable and was beyond the affected party's control. Id. In this 
matter, the motion was filed on December 5, 2008, 50 days after the AAO's October 16, 2008 
decision. The record indicates that the AAO's decision was mailed to both the petitioner at its 
business address and to its counsel of record. As the record does not establish that the failure to file 
the motion within 30 days of the decision was reasonable and beyond the affected party's control, the 
motion is untimely and must be dismissed for that reason. 
Furthermore, the motion shall be dismissed for failing to meet an applicable requirement. The 
regulation at 8 C.F.R. $5 103.5(a)(l)(iii) lists the filing requirements for motions to reopen and 
motions to reconsider. Section 103.5(a)(l)(iii)(C) requires that motions be "[alccompanied by a 
statement about whether or not the validity of the unfavorable decision has been or is the subject of 
any judicial proceeding." In this matter, the motion does not contain the statement required by 8 
C.F.R. $ 103.5(a)(l)(iii)(C). The regulation at 8 C.F.R. $ 103.5(a)(4) states that a motion which 
does not meet applicable requirements must be dismissed. Therefore, because the instant motion did 
not meet the applicable filing requirements listed in 8 C.F.R. 5 103.5(a)(l)(iii)(C), it must also be 
dismissed for this reason. 
Motions for the reopening or reconsideration of immigration proceedings are disfavored for the same 
reasons as petitions for rehearing and motions for a new trial on the basis of newly discovered evidence. 
See INS v. Doherty, 502 U.S. 314, 323 (1992)(citing INS v. Abudu, 485 U.S. 94 (1988)). A party 
seeking to reopen a proceeding bears a "heavy burden." INS v. Abudu, 485 U.S. at 110. With the 
current motion, the movant has not met that burden. The motion will be dismissed. 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. $ 1361. 
 The petitioner has not sustained that burden. 
 Accordingly, the motion will be 
dismissed, the proceedings will not be reopened or reconsidered, and the previous decisions of the 
director and the MO will not be disturbed. 
ORDER: The motion is dismissed.