dismissed EB-3 Case: Automotive Parts

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-H-0-S-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE I, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-140, IMMIGRANT.PETITION FOR ALIEN WORKER 
The Petitioner, a seller of aftermarket car parts, seeks to employ the Beneficiary as its advertising 
and promotions director. It requests classification of the Beneficiary as a professional under the 
third preference immigrant classification. Immigration and Nationality Act (the Act) section 
203(b)(3)(A)(ii), 8 U.S.C. § 1153(B)(3)(A)(ii). This employment-based immigrant classification 
allows a U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent 
resident status. 
The Director of the Nebraska Service Center denied the petition and we dismissed the subsequent 
appeal. The matter is now before us on a motion to reopen and a motion to reconsider. Upon 
review, we will deny the motions as untimely tiled. 
A motion must be filed within 33 calendar days of the date that the unliworable decision was served 
by mail. 8 C.F.R. §§ 103.5(a)(l)(i); 103.8(b). The tiling date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ I 03.2(a)(7)(i). 
On March 29, 2018, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may tile a motion within 33 days. USC IS received the 
motion on May 2, 2018, which is 34 days after the service date of the unfavorable decision. 
Accordingly, we are denying the motions as untimely filed. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Mauer of.J-H-0-S-. LLC, !D# 1691493 (AAO .I nne I, 20 18)