dismissed EB-1A Case: Unknown

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
0.2, 
'BUBLIC COPY 
Date: 
 YAR 1 5 2006 
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. 3 1153(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. 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as 
untimely filed. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A), as an alien of extraordinary ability. The 
director determined the petitioner had not established the sustained national or international acclaim necessary 
to qualify for classification as an alien of extraordinary ability. 
In order to properly file an appeal, the regulation at 8 C.F.R. 9 103.3(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. 5 103.5a(b). 8 C.F.R. l.l(h) 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 record indicates that the director issued the decision on September 12, 2005.' It is noted that the director 
properly gave notice to the petitioner that he had 33 days to file the appeal. According to a letter from 
counsel, the petitioner initially submitted the Form I-290B, Notice of Appeal, on October 13, 2005. However, 
the appeal was not accepted because it had not been properly filed with the correct fee. 
The regulation at 8 C.F.R. fj 103.2(a)(7)(i) states: "An application or petition which is not properly signed or 
is submitted with the wrong filing fee shall be rejected as improperly filed. Rejected applications and 
petitions.. .will not retain a filing date." 
On November 18, 2005, the petitioner submitted the Form I-290B with the proper fee. The petitioner's 
appeal in this case was not properly filed until November 18, 2005, or 67 days after the decision was issued. 
It must therefore be rejected as untimely filed. 
The regulation at 8 C.F.R. tj 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. The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
I 
 As of September 12, 2005, the correct filing fee for a Form I-290B was $1 10.00. That amount did not change until 
September 28,2005, when the Form I-290B filing fee increased to $385.00.