dismissed H-1B Case: Education

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-B-R-P-S-S-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 19,2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a public school system, seeks to temporarily employ the Beneficiary as a "secondary 
teacher (English)" under the H-1B nonimmigrant classification. See Immigration and Nationality Act 
(the Act) § 101(a)(15)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The Director, California Service 
Center, denied the petition. The Petitioner appealed the denial to us and, we dismissed the appeal. The 
matter is now before us on a motion to reconsider. The motion will be denied. 
I. LEGAL FRAMEWORK 
The regulation at 8 C.F.R. § 103.5(a)(a)(l)(i) states that a motion to reconsider must be filed within 
30 days of the decision that the motion seeks to reconsider. 
II. DISCUSSION 
We issued our decision on the appeal on Wednesday, October 28, 2015. We properly gave notice to 
the Petitioner that it had 30 days (plus three days service my mail) to file a motion. The motion to 
reconsider was not received by U.S. Citizenship and Immigration Services until Wednesday, 
December 2, 2015, which is 35 days after our decision was issued. 1 
1 
An exemption of the six year limitation on the authorized period of stay in H-1 B classification for foreign nationals is 
available under 106(a) of the "American Competitiveness in the Twenty First Century Act" (AC21) as amended by the 
"Twenty-First Century Department of Justice Appropriations Authorization Act" (DOJ21 ). This exemption is for certain 
foreign nationals whose labor certifications or immigrant petitions remain undecided due to lengthy adjudication delays. 
See Pub. L. No. I 06-313, § 1 06(a), 114 Stat. 1251, 1253-54 (2000); Pub. L. No. 107-273, § 11 030A(a), 116 Stat. 1836 
(2002). The exemption is applicable if 365 days or more have elapsed since the filing of any application for labor 
certification under section 212(a)(5)(A) of the Act (8 U.S.C. § ll82(a)(5)(A)), in a case in which certification is required 
or used by the individual to obtain status under section 203(b) of such Act (8 U.S.C. § l153(b)). Section 106(a) of 
AC21. 
U.S. Department of Labor (DOL) regulations describe the basic labor certification process. An employer who wants to 
apply for a labor certification on behalf of an individual must file a completed DOL Application for Permanent 
Employment Certification form (ETA Form 9089). 20 C.F.R. § 656.17(a)(l). The date of filing is when the ETA Form 
9089 is electronically submitted to the ETA application processing center. 20 C.F.R. § 656.17. The Petitioner has not 
provided any legal basis to support its assertion that the submission of an ETA Form 9141, Application for Prevailing 
Wage Determination, is sufficient for an extension ofH-1 B classification beyond the normal six years. 
Matter of E-B-R-P-S-S-
III. CONCLUSION 
Accordingly, the motion to reconsider was untimely filed and will be denied. 
ORDER: The motion to reconsider is denied. 
Cite as Matter ofE-B-R-P-S-S-, ID# 16612 (AAO Feb. 19, 2016) 
2