PetitionLens
Log inGet started
All decisions
MotionEB-2 · Motion to reconsider

Occupation not stated

Other / unclear · decided 2015-02-26 · NSC · FEB262015_01B5203

Official PDF on uscis.gov

Decided under the old NYSDOT test, replaced by Matter of Dhanasar on Dec 27, 2016. Useful for background only.

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

5(a)(4) states that "(a] motion that does not meet applicable requirements shall be dismissed. See in text

What the AAO decided

  • We will dismiss the motion as untimely filed. See in text
  • Accordingly, the motion will be dismissed, the proceedings will not be reconsidered, and the previous decisions will not be disturbed. See in text
  • ORDER: The motion to reconsider is dismissed and the petition remains denied. See in text

Main reasons given

  • The regulation at 8 C.F.R. § 103.5(a)(4) states that "(a] motion that does not meet applicable requirements shall be dismissed." See in text
Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3) AAO finding (1)Matter of X citation
    Decision header
    DATE: FEB 2 6 2015 · IN RE: Petitioner: · Beneficiary: · Office: NEBRASKA SERVICE CENTER U.S. Department of Homeland Security U.S. Citizenship and Immigration Services · Office of Administrative Appeals 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: · PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced

    Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)

    ON BEHALF OF PETITIONER:

    SELF-REPRESENTED

    INSTRUCTIONS:

    Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­ precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions.

    Thank you,

    �i�:�:;tmtivc Appeals Office www.uscis.gov

    NON-PRECEDENT DECISION

    DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. The Administrative Appeals Office dismissed a subsequent appeal. The matter is now before us on motion to reconsider. We will dismiss the motion as untimely filed.

    In order to properly file a motion to reconsider, the regulation at 8 C.F.R. § 103.5(a)(1)(i) provides that the petitioner must file the motion within 30 days of the decision. If the decision was mailed, the motion must be filed within 33 days. See 8 C.F.R. § 103.8(b ). The regulation at 8 C.F.R. § 1.2 explains that when the last day of a period falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. The date of filing is not the date of submission, but the date of actual receipt with the proper signature and the required fee. See 8 C.F.R. § 103.2(a)(7)(i).

    The record indicates that we issued our decision on April 18, 2014. We properly gave notice to the petitioner that he had 33 days to file a motion. The Form I-290B, Notice of Appeal or Motion, was initially received by U.S. Citizenship and Immigration Services on Thursday, May 22, 2014, or 34 days after the decision was issued.1 Accordingly, the motion was untimely filed and must be dismissed.

    In addition, the instant motion does not contain the statement about whether or not the validity of the unfavorable decision has been or is the subject of any judicial proceeding as required by the regulation at 8 C.F.R. § 103.5(a)(l)(iii)(C).

    The regulation at 8 C.F.R. § 103.5(a)(4) states that "(a] motion that does not meet applicable requirements shall be dismissed." Accordingly, the motion will be dismissed, the proceedings will not be reconsidered, and the previous decisions will not be disturbed.

    ORDER: The motion to reconsider is dismissed and the petition remains denied.