Date of Decision: January 23, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Biotechnology
Beneficiary Information
Profession: Vice President
Field: Biotechnology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reconsider Outcome: Denied as Untimely Filed
Case Overview
The petitioner, a biotechnology company, sought to permanently employ the beneficiary as its vice president under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, and the petitioner subsequently appealed the decision. The Administrative Appeals Office (AAO) dismissed the appeal. The petitioner then filed a motion to reconsider, but the motion was denied as untimely filed.
The AAO noted that the motion to reconsider was received by USCIS 34 days after the service date of the unfavorable decision, exceeding the 33-day filing deadline. As a result, the AAO denied the motion on procedural grounds without addressing the substantive arguments presented by the petitioner.
Key Issues
The primary issue was the timeliness of the motion to reconsider. The AAO determined that the motion was filed one day late, leading to its denial on procedural grounds.
USCIS Findings
The AAO found that the petitioner’s motion to reconsider was untimely filed, as it was received 34 days after the service date of the unfavorable decision. The regulations require that motions be filed within 33 calendar days, and the AAO strictly enforced this deadline.
Supporting Evidence
The petitioner did not submit any new evidence with the motion to reconsider that would justify an exception to the filing deadline.
Additional Notes
The AAO emphasized the importance of adhering to filing deadlines, noting that even a delay of one day can result in the denial of a motion on procedural grounds.
Conclusion
Final Determination: The motion to reconsider was denied as untimely filed. The appeal remains dismissed.
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