dismissed EB-1A Case: Unknown

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prev~nt clearly unwarranted 
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"..mT ,TC COpy 
FILE: 
IN RE: Petitioner: 
Beneficiary: 
U.S. U{'I}artmtnt of flolilciand ~ccurij\ 
(.I.S. Cili/('n~hjp <tnd !1l11ll1gr:lll()1l Sl'nIC{> 
Adminiqrati\c i\ppeal\ OrrlrL' (;\/\0) 
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'J./asilill!.'10Jl. DC 20521J·2(lt)() 
u.s. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: 
MAR 1 7 2011 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)( I )(A) of the Immigration and Nationality Act, 8 U.s.c. § I I S3(b)( I )(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.P.R. § 103.S. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 c.F.R. § 1 03.5(a)(1 lei) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
,,\/ww.lIscis.goY 
.-
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director. 
Nebraska Service Center. The maller 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. § 103.3(a)(2)(i) provides that the 
affected party must file the complete appeal with the office where the unfavorable decision was 
made within 30 days 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.Sa(b). The regulation at 8 C.F.R. 
§ 1.1 (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 date of filing is not the date of mailing, but the date of actual receipt. See 
8 C.F.R. § 103.2(a)(7)(i). Finally, the regulation at 8 C.F.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 decision on October 29, 2009. It is noted that the 
director properly gave notice to the petitioner that he had 33 days to file the appeal. The appeal 
was received by the director on Wednesday, December 2, 2009, 34 days after the decision was 
issued. Accordingly, the appeal was untimely filed. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time 
limit for filing an appeal. See Matter of" Liadov, 23 I&N Dec. 990 (BIA 2006). Even if the appeal 
was delayed by the overnight delivery service, the en-or would not wan-ant special consideration of 
the appeal. [d. 
Therefore, the appeal must be rejected as untimely filed pursuant to the regulation at 8 C.F.R. 
§ 103.3(a)(2)(v)(B)(I). 
ORDER: The appeal is rejected.