dismissed H-1B Case: Unknown

u.s.Departmentof Homeland Security
20 Massachusetts Ave, NW, Rm. 3000
Washington, DC 20539
PUBLICOOPy
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Date: MAR 13 2007
u.s.Citizenship
and Immigration
Services
Office: VERMONT SERVICE CENTEREAC 05 020 52657FILE:
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(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
www.uscis.gov
EAC 05 020 52657
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 and reconsider its previous decision. The motion is dismissed .
A motion to reopen and reconsider must be filed within 30 days after service of the unfavorable decision upon
the affected party. The regulation at 8 C.F.R. § 103.5(a)(1)(i) states: .
[A]ny motion to reconsider an action by the Service filed by an applicant or petitioner must
be filed within 30 days of the decision that the motion seeks to reconsider . Any motion to
reopen a proceeding before the Service filed by an applicant or petitioner , must be filed
within 30 days of the decision that the motion seeks to reopen , except that failure to file
before this period expires , may be excused in the discretion of the Service where it is
demonstrated that the delay was reasonable and was beyond the control of the applicant or
petitioner.
If, as here, the decision was mailed, the motion must be filed within 33 days. See 8 C.F.R. § 103.5a(b).
The record indicates that the AAO issued its decision on December 22,2005. The motion is dated March 23,
2006 and was received by Citizenship and Immigration Services on March 24, 2006, or 92 days after the
decision was issued. Accordingly, the motion was untimely filed.
The information presented on motion does not present a basis for exercise of the AAO's discretion, under
8 C.F.R. § l03.5(a)(1)(i) above, to excuse late filing ofa motion "where it is demonstrated that the delay was
reasonable and was beyond the control of the applicant or petitioner."
The regulation at 8 C .F.R. § 103.5(a)(4) states: "A motion that does not meet applicable requirements shall
be dismissed."
As the motion was untimely filed, it is dismissed.
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Immigration and
Nationality Act, 8 U.S.C. § 1361. The petitioner has not met that burden.
ORDER: The motion is dismissed.