dismissed EB-2 NIW Case: Unknown

U.S. Department of .Homeland SecuriQ 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, D.C. 20529-2090 
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FILE: - Office: VERMONT SERVICE CENTER 
EAC 00 099 50047 
 Date: MAR 1 2 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. 3 1 153(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 5 103.5 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. 3 103.5(a)(l)(i). 
Administrative Appeals Office 
DISCUSSION: 
 The Director, Vermont Service Center, initially approved the employment-based 
immigrant visa petition. Subsequently, the director determined that disqualimng circumstances had 
arisen. The director properly served the petitioner with a notice of intent to revoke, and 
subsequently revoked the approval of the petition. The Administrative Appeals Office (AAO) 
dismissed a subsequent appeal. The AAO then reopened the petition on the petitioner's motion, and 
affirmed the denial of the petition. The matter is now before the AAO on a second motion to reopen. 
The motion will be dismissed as untimely. 
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. 8 C.F.R. 4 1035(a)(l)(i). 8 C.F.R. 
 103.5a(b) allows an 
additional three days for service by mail. 
A motion that does not meet applicable requirements shall be dismissed. 8 C.F.R. 4 103.5(a)(4). 
The AAO issued its prior decision on October 9, 2007. The instructions to Form I-290B, Notice of 
Appeal or Motion, advise: "DO not send your appeal directly to the Administrative Appeals Office" 
(emphasis in original). The petitioner nevertheless sent the Form I-290B directly to the AAO, which 
received the motion on November 9, 2007. The AAO returned the improperly filed motion. The 
Vermont Service Center received the motion on November 20,2007,42 days after the AAO issued its 
decision. Therefore, the decision was untimely filed. The petitioner having been instructed not to file 
the form directly with the AAO, the delay arising fiom the petitioner's failure to follow those 
instructions was neither reasonable nor beyond the petitioner's control. 
The motion was not properly filed and therefore, pursuant to 8 C.F.R. 4 103.5(a)(4), must be dismissed. 
ORDER: The motion is dismissed.