dismissed EB-3 Case: Skilled Worker/Professional

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
TER 
 Date: 
Petition: 
 Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 
203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(3) 
IN BEHALF OF PETITIONER: 
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. 
~bbert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: 
 The Director, Vermont Service Center, denied the immigrant visa petition and the 
Administrative Appeals Office (MO) denied a subsequent appeal. The matter is now before the MO on a 
Motion to Reopen or Reconsider. The motion will be rejected as untimely filed. 
The regulation at 8 C.F.R. $ 103.5(a)(l)(i) requires that any motion to reconsider an action by Citizenship and 
Immigration Services (CIS) must be filed within 30 days of the decision that the motion seeks to reconsider.' The 
regulation further provides that any motion to reopen a proceeding before CIS must be filed within 30 days of the 
decision that the motion seeks to reopen, except that failure to file before ths period expires may be excused in 
the discretion of CIS where it is demonstrated that the delay was reasonable and was beyond the control of the 
petitioner. Three days are added to the permissible period when the notice of the decision is by mail. 8 C.F.R. 
$ 103.5a(b). 
The record indicates that the AAO issued the decision on August 12,2003. It is noted that the AAO properly 
gave notice to the petitioner that it had 33 days to file a motion to reconsider or a motion to reopen with the 
office that originally decided the case.' Although the beneficiary dated the motion September 10, 2003, it 
was received by the Vermont Service Center on October 15, 2003, or 64 days after the decision was i~sued.~ 
The petitioner has not demonstrated that the delay was reasonable and was beyond its control. Accordingly, 
the motion was untimely filed. 
As the motion was untimely filed, the motion must be rejected. 
ORDER: The motion is rejected. 
1 
The motion must be submitted to the office maintaining the record upon which the unfavorable decision 
was made. 8 C.F.R. 5 103.5(a)(l)(iii)(E). 
2 
 The office that originally decided the case is the Vermont Service Center. 
3 
The record of proceeding appears to show that the motion was filed with the MO after September 10, 2003 
and transferred to the Vermont Service Center.