dismissed EB-1A Case: Unknown

(b)(6)
Date: JUL 1 8 2013 Office: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service s 
Office of Administrative Appeals 
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)(l)(A) ofthe Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
)J OJJlxl(/L 
r Ron Rosenberg 
-\-Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and 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. § 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. § 1.2 explains that when the last 
day of a period falls on a Saturday , Sunday, or legal holiday, the period shall run until the end ofthe 
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)(J) 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 December 19, 2012. 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 Act nor the pertinent regulations grant the AAO authority to extend this time 
limit. 
The petitioner attempted to file the appeal on January 22, 2013, but the Form I-290B was rejected by 
U.S. Citizenship and Immigration Services because it was not submitted with the correct fee. 
Appeals that are not submitted with the correct fee do not retain a filing date. See 8 C.F.R. 
§§ 103.2(a)(7)(i) and (iii). 
The petitioner resubmitted the Form I-290B with the correct fee on February 15, 2013, or 58 days 
after the director's 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)(l)(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 w1timely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.