dismissed EB-2 Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: Office: VERMONT SERVICE CENTER Date: NOV 2 2m 
EAC 03 027 55268 
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. $ 1153(b)(2) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 1 
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. 
Administrative Appeals Office 
i 
Page 2 . 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The 
Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter is now before the 
AAO on motion. The motion will be dismissed. 
 , 
The regulation at 8 C.F.R. 5 103.5(a)(i) provides, in pertinent part: 
Any motion to reconsider an action by the Service filed by an applicant or petitioner 
must be filed within 30 days of the decision that the motion seeks to reconsider. Any 
motion to reopen a proceeding before the Service filed by an applicant or petitioner, 
must be filed within 30 days of the decision that the motion seeks to reopen, except that 
failure to file before this period expires, may be excused in the discretion of the Service 
where it is demonstrated that the delay was reasonable and was beyond the control of the 
applicant or petitioner. 
If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
 103.5a(b). 
Service records reveal that the AAO's notice was mailed to the petitioner at his address of record and to 
prior counsel at his address of record. The petitioner has not demonstrated that he or counsel advised 
the AAO of any change of address. The regulation at 8 C.F.R. 5 103.5(a)(l)(iii)(E), relating to the filing 
requirements for motions, provides that a motion must be "[slubmitted to the office maintaining the 
record upon which the unfavorable decisions was made for forwarding to the official having 
jurisdiction." (Emphasis added.) 
The AAO dismissed the petitioner's appeal on June 22,2005. The instructions on the cover page of the 
decision stated that "[all1 documents have been returned to the ofice that originally decided your case. 
Any Wer inquiry must be made to that office." (Emphasis added.) On July 26, 2005, counsel1 
submitted the motion to the AAO. The AAO returned the motion on that date, advising that the motion 
should be submitted to the Vermont Service Center. Counsel nevertheless resubmitted the motion to 
the AAO on August 8, 2005. The AAO returned the motion to counsel on that date, advising once 
again that the petitioner should file the motion with the Vermont Service Center. On September 23, 
2005, counsel properly filed the motion with the Vermont Service Center. 
In light of the above, the motion is untimely. Moreover, given the language on the cover page of the 
initial decision by the AAO and in the regulation at 8 C.F.R. 5 103.5(a)(l)(iii)(E), the petitioner has not 
demonstrated that his failure to file a timely motion was beyond his control or due to Citizenship and 
Immigration Services (CIS) error. 
As the motion was untimely filed, the motion must be dismissed. 
ORDER: The motion is dismissed. 
1 
 The record contains a Form G-28 Notice of Entry of Appearance as Attorney or Representative for a different attorney 
that is dated after the Form G-28 filed by counsel. The newer G-28, however, specifies in two places that the attorney 
listed on that notice only represents the petitioner for his Form 1-485, Application to Register Permanent Residence or 
Adjust Status.