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MotionEB-2 · Motion to reconsider

Product development technologist

Other / unclear · decided 2017-06-15 · NSC · JUN152017_03B5203

Official PDF on uscis.gov

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.

  • Prong 1Merit and national importanceNot decided

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

  • Prong 2Well positioned to advance itNot decided

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

  • Prong 3Worth waiving the job offerNot 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.

What the AAO decided

  • Upon review, we will deny the motion as untimely filed. See in text
  • On March 28, we dismissed the Petitioner's appeal and served the unfavorable decision by mail. See in text
  • ORDER: The motion to reconsider is denied. See in text
Read the full decision (1 page)

Objections found (0)

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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 (4)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF F-F- LLC

    Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 15,2017

    MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a manufacturer of spice mixtures and functional measures for meat, fish, and culinary products, seeks to employ the Beneficiary as a product development technologist. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Director of the Nebraska Service Center denied the petition and we dismissed the subsequent appeal. The matter is now before us on. a motion to reconsider. Upon review, we will deny the motion as untimely filed.

    A motion must be filed within 33 calendar days of the date that the unfavorable decision was served by mail. 8 C.F.R. §§ 103.5(a)(l)(i); 103.8(b). The filing date is the day USCIS receives the motion at the designated filing location, not the date the Petitioner mailed the motion. 8C.F.R. § 103.2(a)(7)(i).

    On March 28, we dismissed the Petitioner's appeal and served the unfavorable decision by mail. The decision stated that the Petitioner may file a motion within 33 days. USCIS received the motion on May 15, 2017, which is 48 days after the service date of the unfavorable decision. Accordingly, we are denying the motion as untimely filed.

    ORDER: The motion to reconsider is denied.

    Cite as Matter ofF-F- LLC, ID# 640171 (AAO June 15, 2017)