dismissed EB-2 Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUK \ 9 26\4 Office: TEXAS SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
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) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.P.R.§ 103.5. Do not file a motion directly with the AAO. 
Thank you, 
)JDWn~ 
f 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The 
Administrative Appeals Office dismissed a subsequent appeal. The matter is now before us on motion 
to reconsider. The motion will be dismissed. 
In order to properly file a motion to reconsider, the regulation at 8 C.P.R. § 103.5(a)(1)(i) provides 
that the petitioner must file the motion within 30 days of the decision. If the decision was mailed, 
the motion must be filed within 33 days. See 8 C.P.R. § 103.8(b). The regulation at 8 C.P.R.§ 1.2 
explains that when the last day of a period falls on a Saturday, Sunday, or legal holiday, the period 
shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. The date of 
filing is not the date of submission, but the date of actual receipt with the proper signature and the 
required fee. See 8 C.P.R. § 103.2(a)(7)(i). 
The record indicates that we issued our decision on January 14, 2014. We properly gave notice to 
the petitioner that she had 33 days to file a motion. The Form I-290B, Notice of Appeal or Motion, 
was received by U.S. Citizenship and Immigration Services on February 19, 2014, or 36 days after the 
decision was issued. Accordingly, the motion was untimely filed and must 
be dismissed. 
In addition, the instant motion does not contain the statement about whether or not the validity of the 
unfavorable decision has been or is the subject of any judicial proceeding as required by the 
regulation at 8 C.P.R.§ 103.5(a)(1)(iii)(C). 
The regulation at 8 C.P.R. § 103.5(a)(4) states that "[a] motion that does not meet applicable 
requirements shall be dismissed." Accordingly, the motion will be dismissed, the proceedings will not 
be reconsidered, and the previous decisions will not be disturbed. 
ORDER: The motion to reconsider is dismissed, our January 14, 2014 decision is affirmed, and 
the petition remains denied.