dismissed EB-1A Case: Unknown

U.S. Department of Homeland SecuriQ 
U,S Citizenship and Immigration Services 
Ofice 0fAdministratlve Appeals, MS 2090 
Washington, DC 20529-2090 
U.S. citizenship 
and Immigration 
Services 
FILE: Office: TEXAS SERVICE CENTER Date: 
SRC 08 254 5075 1 
 NOV 062009 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act; 8 U.S.C. § 1 153(b)(l)(A) 
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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. $ 103.5(a)(l)(i). 
\'chief, Administrative Appeals Office 
SIPeny Rhew7 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The matter 
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 C.F.R. 5 103.3(a)(2)(i) provides that the 
affected party must file the complete appeal within 30 days of after service of the unfavorable 
decision. 
 If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
$ 103.5a(b). The date of filing is not the date of mailing, but the date of actual receipt. See 8 C.F.R. 
5 103.2(a)(7)(i). 
The record indicates that the director issued the decision on March 23, 2009. It is noted that the 
director properly gave notice to the petitioner that it had 33 days to file the appeal. Although 
counsel dated the appeal April 24, 2009, it was received by the director on April 29, 2009, 37 days 
after the decision was issued. Accordingly, the appeal was untimely filed. The director erroneously 
annotated the appeal as timely and forwarded the matter to the AAO. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time limit 
for filing an appeal. The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(2) states that, if an untimely 
appeal meets the requirements of a motion 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. 
A motion must meet all of the regulatory requirements under 8 C.F.R. $ 103.5(a). A motion to 
reopen must state the new facts to be proved in the reopened proceeding and be supported by 
affidavits or other documentary evidence. 8 C.F.R. $ 103.5(a)(2). A motion to reconsider must state 
the reasons for reconsideration and be supported by any pertinent precedent decisions to establish 
that the decision was based on an incorrect application of law or Service policy. A motion to 
reconsider a decision on an application or petition must, when filed, also establish that the decision 
was incorrect based on the evidence of record at the time of the initial decision. 8 C.F.R. 
5 103.5(a)(3). A motion that does not meet applicable requirements shall be dismissed. 8 C.F.R. 
5 103.5(a)(4). 
Here, the untimely appeal does not meet the requirements of a motion to reopen or a motion to 
reconsider. Therefore, there is no requirement to treat the appeal as a motion under 8 C.F.R. 
5 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: The appeal is rejected.