dismissed EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
in~ion of personal privacy 
PUBLIC COpy 
DATE:JUL 3 1 2012 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)(1)(A) of the Immigration and Nationality Act; 8 U.S.C. § I I 53(b)(1)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
Thank you. 
Perry Rhew . 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
reject the appeal. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 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 service of the unfavorable decision. If the decision was mailed, the appeal must be filed 
within 33 days. See 8 C.F.R. § 103.8(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 
submission, but the date of actual receipt with the proper signature and the required fee. See 8 
C.F.R. § 103.2(a)(7)(i). 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 service center director issued the decision on August IS, 2011. It is 
noted that the service center director properly gave notice to the petitioner that he had 33 days to file 
the appeal. Neither the Immigration and Nationality Act (the Act) nor the pertinent regulations grant 
the AAO authority to extend this time limit. See Matter of Liadov, 23 I&N Dec. 990 (BIA 2006). 
Even ifthe appeal was delayed by the overnight delivery service, the error would not warrant special 
consideration of the appeal. Id. Although the petitioner dated the appeal on September 14, 2011, it 
was not received by the service center until September 20, 2011, 36 days after the decision was 
issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. § 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 Director of the 
Texas Service Center. See 8 C.F.R. § 103.5(a)(I)(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 untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.