dismissed EB-2 NIW Case: Education

MATTER OF M-T-B-M-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 20,2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a teacher, seeks classification as a member of the professions holding an advanced 
degree. See section 203(b)(2) ofthe Immigration and Nationality Act (the Act), 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 section 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. 
The Director, Texas Service Center, denied the petition, and we dismissed the Petitioner's subsequent 
appeal. The matter is now before us on a motion to reconsider. The motion will be denied. 
In order to properly file a motion to reconsider, the regulation at 8 C.F.R. § 103.5(a)(l)(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.F.R. § 103.8(b). 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.F.R. § 103.2(a)(7)(i). Neither the Act nor the pertinent regulations grant us authority to 
extend the 33-day time limit for filing a motion to reconsider. 
We issued our decision on November 19, 2015 and properly gave notice to the Petitioner that she 
had 33 days to file a motion. USCIS received the Form I-290B, Notice of Appeal or Motion, on 
December 23, 2015, or 34 days after the decision was issued. Accordingly, the motion to reconsider 
is untimely and must be denied for that reason. 
ORDER: The motion to reconsider is denied. 
Cite as Matter of M-T-B-M-, ID# 11023 (AAO Sept. 20, 2016)