dismissed H-1B Case: Financial Services

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U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
FILE: EAC 01 220 50857 Office: VERMONT SERVICE CENTER Date: maam 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. § 1 lOl(a)(lS)(H)(i)(b) 
ON 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. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 01 220 50857 
Page 2 
DISCUSSION: The Director of the Vermont Service Center denied the nonimmigrant visa petition and the 
Administrative Appeals Office (MO) dismissed a subsequent appeal and a motion to reconsider. The matter 
is again before the AAO on motion to reopen or reconsider. The motion will-be dismissed. 
The petitioner is a retail financial services/check cashing business that seeks to employ the beneficiary as an 
assistant manager. The director denied the petition on the basis that the proffered position did not meet the 
definition of a specialty occupation. The AAO dismissed the petitioner's appeal of the decision, affirming the 
director's decision. Counsel filed a motion; the motion indicated that additional evidence in support of the 
motion would be submitted by September 1, 2002. According to the AAO, under the regulation at 8 C.F.R. 
5 103.3(a)(2)(vii), a petitioner may be permitted additional time to submit a brief 03- additional evidence to the 
MO in connection with an appeal, but this provision does not apply to a motion:to reopen or reconsider: the 
additional evidence must comprise the motion. 8 C.F.R. $9 103.5(a)(2) and (3). Thus, the MO dismissed 
the motion, finding that it had not been properly filed since the petitioner had no& submitted any new facts or 
additional evidence in support of the motion. 
With the motion under consideration here, counsel indicates in an October 29, 2003 letter that additional 
evidence in support of the motion will be submitted by December 13,2003. The MO finds that the motion 
does not meet regulatory requirements. The petitioner states that additional evidence will be submitted in 45 
days.' However, the regulation at 8 C.F.R. 9-103.3(a)(2)(vii) provides that a petitioner may request 
additional time to submit a brief andlor additional evidenge to the MO in connection with an appeal, but this 
provision does not apply to a motion to reopen or reconsider as the additional evidence must comprise the 
motion. 8 C.F.R. $9 103.5(a)(2) and (3). The motion therkfore fails to meet applicable requirements and to 
provide new facts or additional evidence. 
ORDER: The motion is dismissed 
1 The MO notes that no additional evidence has been received by the AAO.