dismissed EB-2 NIW Case: Education

MATTER OF A-V-C-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 15, 2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an educator and education advocate, seeks classification as a member of the 
professions holding an advanced degree. See Immigration and Nationality Act (the Act) 
section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the 
job offer requirement that is normally attached to this immigrant classification. See 
§ 203(b)(2)(B)(i) of the Act, 8 U.S.C. § 1153(b)(2)(B)(i). U.S. Citizenship and Immigration 
Services (USCIS) may grant this discretionary waiver of the required job offer, and thus of a labor 
certification, when it is in the national interest to do so. 
The Director, Texas Service Center, denied the petition. The Director found that the Petitioner 
qualified for classification as a member of the professions holding an advanced degree, but that he 
had not established that a waiver of a job offer would be in the national interest. The Petitioner 
appealed the matter to us, and we dismissed his appeal. The matter is now before us on a motion to 
reopen. We will deny the motion. 
I. LAW 
In order to properly file a motion, 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). 
II. ANALYSIS 
The record indicates that we issued our decision on Janua.rY 14, 2016. We properly gave notice to 
the Petitioner that he 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 17, 2016, or 34 days after the 
decision was issued. Accordingly, the motion was untimely filed. 
Matter of A-V-C-
As it relates to motions to reopen, the regulation at 8 C.F.R. § 103.5(a)(1)(i) provides 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." In this matter, the motion was not properly filed within the required thirty days and the 
Petitioner has not demonstrated that this delay was reasonable and beyond his control. The motion 
must therefore be denied as untimely filed. 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here, the Petitioner 
has not met that burden. Accordingly, the motion is denied. 
ORDER: The motion to reopen is denied. 
Cite as Matter of A-V-C-, ID# 26643 (AAO Sept. 15, 2016) 
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