dismissed H-1B Case: Unknown

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: JAN. 14, 2025 In Re: 35320199 
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 
101(a)(15)(H)(i)(b), 8 U.S.C. § 110l(a)(15)(H)(i)(b) . The H-lB program allows a U.S. employer to 
file a petition with U.S. Citizenship and Immigration Services (USCIS) to temporarily employ a 
qualified foreign worker in a position that requires 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 is for a specialty occupation. We dismissed a subsequent appeal. 
The matter is now before us on an untimely motion to reconsider. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). A motion to reconsider must establish 
that our prior decision was based on an incorrect application of law or policy and that the decision was 
incorrect based on the evidence in the record of proceedings at the time of the decision. 8 C.F.R. 
§ 103.5(a)(3). A motion to reconsider must be filed within 30 days of the decision that the motion 
seeks to have reconsidered. 8 C.F.R. § 103.5(a)(l)(i) . We will dismiss the motion because it was 
untimely filed. 
The record shows that following our dismissal of the Petitioner's appeal, the Petitioner's first attempt 
to file a motion to reconsider was rejected because it was not sent to the correct filing address. 1 
Thereafter, the Petitioner resent its motion to reconsider to the same incorrect filing address, although 
the window to timely file had by that point passed. The Petitioner's second attempt to file its motion 
to reconsider, although untimely, was forwarded to the correct filing address where it was accepted, 
receipted, and is now before us. The Petitioner contends that it sent its motion to the correct filing 
address, that USCIS therefore erred in rejecting it, and that it is resubmitting its motion to reconsider 
contesting the correctness of our decision to dismiss the appeal. 
1 The rejection notice states that "it is unclear what benefit you are seeking" and that "[i]t cannot be established that you 
are seeking a benefit that is granted or adjudicated at this service center." 
Upon review of the record, we will dismiss the Petitioner's motion to reconsider because it was 
untimely filed. A motion to reconsider must be filed within 30 days of the decision that the motion 
seeks to have reconsidered. 8 C.F.R. § 103.S(a)(l)(i). The Petitioner's motion to reconsider was 
submitted untimely, and the regulations do not contemplate an exception for the untimely filing of a 
motion to reconsider. Moreover, although the Petitioner contends that it used the correct filing address, 
per the Form I-290B, Notice of Appeal or Motion, form instructions and USCIS website, the Petitioner 
did not. 2 
ORDER: The motion to reconsider is dismissed. 
2 The Petitioner mailed its motion to the Vermont Service Center in St. Albans, Vermont. For motions regarding a decision 
by the AAO, the website directs petitioners to send their filing to the USCIS office that made the unfavorable decision in 
their case and to use the information provided to determine the applicable address. For decisions by a USCTS service 
center, such as the Vermont Service Center, filings should be mailed to the USCIS Phoenix lockbox. See U.S. Citizenship 
and Immigration Services, Direct Filing Addresses for Form l-290B. Notice ofAppeal or Motion, https://www.uscis.gov/i-
290b-addresses. 
2