dismissed H-1B Case: Not Specified

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date : WL. 03, 2023 In Re: 27437289 
Motion on Administrative Appeals Office Decision 
Form 1-129, Petition for a Nonimmigrant Worker (H-lB) 
The Petitioner seeks to temporarily employ the Beneficiary under the H-lB nonimmigrant 
classification for specialty occupations. See Immigration and Nationality Act (the Act) section 
10l(a)(l5)(H)(i)(b) , 8 U.S .C. § l 10l(a)(l5)(H)(i)(b). The H-IB program allows a U.S . employer to 
temporarily employ a qualified nonimmigrant worker in a position that require s both (a) the theoretical 
and practical application of a body of highly specialized knowledge and (b) the attainment of a 
bachelor 's or higher degree in the specific specialty (or its equivalent) as a minimum prerequisite for 
entry into the position. 
The Director of the Vermont Service Center denied the petition , concluding that the Petitioner did not 
establish that the proffered position qualifies as a specialty occupation . We dismissed a subsequent 
appeal. The matter is now before us on motion to reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence . 
Matter of Chawathe, 25 l&N Dec. 369, 375-76 (AAO 2010). Upon review , we will dismiss the 
motion . 
The regulations require a motion to reconsider be filed within 30 days of the decision the motion seeks 
to reconsider , plus three days for service by mail. 8 C.F.R. § 103.5(a)(l)(i); 8 C.F.R . § 103.8(b). The 
date of filing is not the date of mailing, but the date USCIS received the intended motion: (1) 
completed , signed , and accompanied by the required fee as specified by the Form I-290B , Notice of 
Appeal or Motion , instructions ; and (2) at the location that those instructions designate for filing 
motions. See 8 C.F.R. §§ 103.2(a)(l) and 103.2(a)(6). 
We dismissed the Petitioner 's appeal on October 24, 2018 . The Petitioner was afforded 30 days plus 
three days for service by mail, until November 26, 2018, to file a motion to reopen and/or reconsider 
our decision. USCIS did not receive the completed and signed Form I-290B with the required fee at 
the designated USCIS location until November 27, 2018. The record therefore reflects the Petitioner 
did not timely file the motion . And the regulations provide no exception to the requirement to file a 
motion to reconsider in a timely fashion. So we must dismiss the motion as untimely. 
ORDER: The motion to reconsider is dismissed .