dismissed EB-3 Case: Product Line Manager

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-F-S- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 12, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a retail flooring supplier, seeks to permanently employ the Beneficiary in the United 
States as a product line manager. The Petitioner requests classification of the Beneficiary as a 
skilled worker under the third preference category. See Immigration and Nationality Act (the Act) 
section 203(b)(3)(A)(i), 8 U.S.C. § 1153(b)(3)(A)(i). This classification allows a U.S. employer to 
sponsor a foreign national, with at least two years of training or experience, for lawful permanent 
resident status. 
The Director of the Texas Service Center denied the petition, a motion to reopen, and a motion to 
reconsider. We dismissed the subsequent appeal. The matter is now before us on a motion to 
reopen. Upon review, we will deny the motion as untimely filed. 
A motion must be filed within 33 calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F.R. §§ 103.5(a)(l)(i), 103.8(b). The filing 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. 
§ 103 .2( a)(7)(i). 
On February 23, 2017, 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. USCIS received the 
motion on March 29, 2017, which is 34 days after the service date of the unfavorable decision. 
Therefore, the motion is untimely filed. 
ORDER: The motion to reopen is denied. 
Cite as Matter ofT-F-S-, ID# 526142 (AAO Apr. 12, 2017)