dismissed EB-3 Case: Stone Fabrication

MATTER OF U-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 13,2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an importer, fabricator, and installer of natural stones, seeks to permanently employ the 
Beneficiary as a stone fabrication technician. It requests classification of the Beneficiary as a skilled 
worker under the third preference immigrant 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 2 years of training or experience for lawful permanent 
resident status. 
On December 20, 2011, the Director, Texas Service Center, approved the petitiOn. But~ on 
September 10, 2015, he revoked its approval. See section 205 of the Act, 8 U.S.C. § 1155 
(authorizing U.S. Citizenship and Immigration Services (USCIS) to revoke a petition's approval "at 
any time" for "good and sufficient cause"). 
On appeal, we affirmed the revocation. We found that the record at the time of the petition's 
approval did not establish the Petitioner's intention to permanently employ the Beneficiary in the 
offered position. 
The matter is now before us on a motion to reopen and a motion to reconsider by the Petitioner. 
Because the motions are untimely, we will deny them. 
A petitioner must file motions to reopen and/or reconsider within 33 days of a decision served by 
mail. 8 C.F.R. §§ 103.5(a)(l)(i), 103.8(b). We may excuse an untimely filed motion to reopen 
"where it is demonstrated that the delay was reasonable and was beyond the control of the applicant 
or petitioner." !d. 
A motion's filing date is "the actual date of receipt at the location designated for filing." 8 C.F.R. 
§ 103.2(a)(7). We must deny a motion that does not meet applicable requirements. 8 C.F.R. 
§ 103.5(a)(4). 
In the instant case, we mailed our appellate decision to the Petitioner on March 25, 2016. The record 
indicates US CIS' receipt of the Petitioner's motions at a lock box facility on May 2, 2016, 3 8 days 
after our decision's service. The motions are therefore untimely. 
Matter of U-S-, Inc. 
The Petitioner did not explain its delay in filing the motions. Thus, the Petitioner did not 
demonstrate that the delay was reasonable and beyond its control. We therefore will not excuse the 
untimely motion to reopen. 
We will deny the motion to reopen and the motion to reconsider as untimely. 
ORDER: The motion to reopen is denied 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of U-S-, Inc., ID# 8597 (AAO July 13, 2016) 
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