dismissed H-1B Case: Law

8bn-g dab deleted to 
prevent &arty uawa-M 
inmkndperrmrSlPri~ 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
b2 
FILE: SRC 03 257 5 1712 Office: TEXAS SERVICE CENTER Date: JUL 1 8 2W 
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. 5 1 10 l(a)(l S)(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, Chief 
Administrative Appeals Office 
SRC 03 257 51712 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the Administrative 
Appeals Office (AAO) dismissed a subsequent appeal. The matter is again before the AAO on motion to 
reopen or reconsider. The motion will be dismissed. 
The petitioner is a foreign legal consultant company that seeks to employ the beneficiary as a foreign legal 
consultant. The petitioner endeavors to classify the beneficiary as a nonimmigrant worker in a specialty 
occupation pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act (the Act), 
8 U.S.C. 5 1101 (a)(lS)(H)(i)(b). The director denied the petition on the basis that the proffered position did 
not meet the definition of a specialty occupation. The AAO rejected a subsequent appeal because the 
beneficiary, not an authorized representative of the petitioner, signed the Form G-28, Entry of Appearance as 
Attorney or Representative that was submitted in conjunction with the appeal. 
An affected party has 30 days from the date of an adverse decision to file a motion to reopen or reconsider a 
proceeding before Citizenship and Immigration Services (CIS). 8 C.F.R. § 103.5(a)(l)(i). If the adverse 
decision was served by mail, an additional three-day period is added to the 30-day period. 
8 C.F.R. 5 103.5a(b). Any motion that does not meet applicable requirements shall be dismissed. 
8 C.F.R. 5 103.5(a)(4). 
The petitioner's motion does not meet applicable requirements because it was not timely filed. The AAO 
mailed its decision to the petitioner with a copy to counsel on September 9, 2004. The director received a 
motion for reconsideration from the petitioner 49 days later on October 29, 2004, to which the director 
responded that she was unable to overturn a decision made by the AAO. The AAO received the petitioner's 
motion 155 days later on February 18, 2005. Neither counsel nor the petitioner presents any evidence for CIS 
to consider regarding the delay in timely filing the motion. 8 C.F.R. § 103.5(a)(l)(i). Accordingly, the motion 
will be dismissed. 
As always, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 
291 of the Act, 8 U.S.C. 3 1361. The petitioner has not met that burden. 
ORDER: The motion is dismissed.