dismissed EB-2 Case: Unknown

U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals, MS 2090 
Washington. DC 205292090 
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FILE: Office: NEBRASKA SERVICE CENTER Date: 
I LIN 07 088 52325 
 NOv 0 9 2009 
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 1 153(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. fj 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. 5 103.5(a)(l)(i). 
$- ~hilf, Administrative Appeals Office 
DISCUSSION: 
 The Director, Nebraska Service Center, denied the employment-based immigrant 
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 AAO dismissed the appeal on March 6,2009. On April 7,2009, U.S. Citizenship and Immigration 
Services (USCIS) received a Form I-290B and fee from the petitioner stating that the filing constituted 
his motion to reopen and reconsider. The petitioner asserted that he would send a brief and/or 
additional evidence to the AAO within 30 days. 
The regulation at 8 C.F.R. tj 103.3(a)(2)(vii) allows for limited circumstances in which a petitioner can 
supplement an already-submitted appeal. This regulation, however, applies only to appeals, and not to 
motions to reopen or reconsider. There is no analogous regulation which allows a petitioner to submit 
new evidence in furtherance of a previously-filed motion. Regardless, as of this date, approximately 
seven months later, this office has received nothing further. 
According to 8 C.F.R. tj 103.5(a)(2), a motion to reopen must state the new facts to be provided and be 
supported by affidavits or other documentary evidence. According to 8 C.F.R. tj 103.5(a)(3), a motion 
to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent 
decisions to establish that the decision was based on an incorrect application of law or Service policy. 
The petitioner has not filed a proper motion to reopen or reconsider. His request was not accompanied 
by any new facts or evidence or arguments based on precedent decisions. A request for motion must 
meet the regulatory requirements of a motion to reopen or reconsider at the time it isfiled; no provision 
exists for USCIS to grant an extension in order to await future correspondence that may or may not 
include evidence or arguments. 
ORDER: The motion is dismissed.