dismissed EB-1A Case: Unknown

identifying data deleted to 
prev~!,t clearly unwarranted 
lIlVliSlOn of personal privacy 
PUBLIC COpy 
DATE: 
IN RE: 
JUL t 7 2012 
Petitioner: 
13cncficiary: 
Office: TEXAS SERVICE CENTER 
CoS. Department or Homeland ~l'curil~ 
U,S. ('ili/cn~hip and Irnmi!Lrali!)i1 \, 1\ !,\'~ 
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u. S. Citizenship 
and Immigration 
Services 
PETITION Immigrant Petition for Alien Worker as an Alien of Extraordinary Ahility Pursuant tD 
Section 203(h)(I)(A) of the Immigration and Nationality Act, ~ U.S.c. § 1153(h)(I)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents relatellto this matter have heen returned to the office that originally decided your case. Plcase 
he advised that any further inquiry that you might have concerning your case must he made to that office. 
Thank you. 
Pnry Rhc\\ 
Chid, Allministrative Appeals Office 
www.uscis.gov 
• 
Page 2 
DISCliSSION: The employment-based immigrant visa petIllon was denied by the Director, 
Texas Service Cenler, on May 12, 2011, and is now before the Administrative Appeals Office 
(AAO) on appeal. The appeal will be rejected as untimely filed, 
In order to properly file an appeal, the regulation at 8 CER. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must submit the complete appeal within 
30 days of scrvice of the unfavorable decision. If the decision was mailed, the appeal must be 
filed within Yl days. See 8 CER. § 103.8(b). The regulation at 8 CF.R. § 1.2 explains Ihal 
when the lasl 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 Ihe dale of submission, but the date of actual receipt with the proper signature and the 
required fcc. See H CF.R. § 103.2(a)(7)(i), The regulation at 8 CF.R. § 103.3(a)(2)(v)(B)(l) 
provides that an appeal which is not filed with the time allowed must be rejected as improperly 
filed. 
The record indicates that the director issued the unfavorable decision on May 12, 2011. The 
decisioll was served on counsel via facsimile on May 12, 2011. The director properly gave 
notice to the petitioner that he had 30 days of the date of the decision to file an appeal. Neither 
the Immigration and Nationality Act nor the pertinent regulations grant the AAO authority to 
extend this timc limit. See Matter ofLiadov, 23 I&N Dec. 990 (BIA 2(06). Even if the appeal 
was delayed by Ihe overnight delivery service, the error would not warrant special consideration 
of the appeal. Id 
In this case, counsel dated the Notice of Appeal or Motion, Form 1-290B, June 13, 2011. The 
envelope in which Form 1-290B was mailed indicates that counsel paid the mailing postage on 
June 14, 20 11, and that U.S. Citizenship and Immigration Services (USClS) received the Form 
1-2YOB on Thursday, June 16, 2011. In other words, USCIS did not receive the appeal until 3S 
days after the unfavorable decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at ~ C.F.R. § 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the 
requirements of a lllotion to reopen or a motion to reconsider, the appeal must be treated as a 
motion, and a decision must be made on the merits of the case. The official having jurisdiction 
over a motion is the official who made the last decision in the proceeding, in this case, the 
director. See 8 C.F.R. § 103.5(a)(1)(ii). The director determined that the late appeal did not 
meet the requirements of a motion and forwarded the matter to the AAO. 
As the appeal was untimel y filed, the appeal must be rejected. 
ORDER: The appeal is rejected.