dismissed EB-1A Case: Unknown

(b)(6)
DATE: 
OC1 2 \ 2013 
INRE: Petitioner : 
Beneficiary : 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Securit) ' 
U.S. Citizenship and Immigr ation Services 
Admini strative Appeals Office (AAO) 
20 Massachusetts Ave., N.W. , MS 2090 
Washin gton, 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) of the Immigration and Nationality Act ; 8 U .S.C. § 1153(b)(l )(A) 
ON BEHALF OF PETITIONER: 
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 establi sh agency policy 
through non-precedent deci sions. 
Thank you , 
MQtAdn~ 
r Ron Rosenberg 
tf Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be rejected. 
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 date of filing is not the date of submission , but the 
date of actual receipt with the required fee. See 8 C.F.R. § 1 03.2(a)(7)(i). An appeal that is not filed 
within the time allowed must be rejected as improperly filed. See 8 C.F.R. § 103.3(a)(2)(v)(B)(l). 
The record indicates that the service center director issued the decision on May 29, 2013. 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. 
Although counsel signed and dated the Form I-290B, Notice of Appeal or Motion, on July 1, 2013, it 
was not received by USCIS until July 2, 2013, 34 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 unt imely 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 untimely filed , the appeal must be rejected. In visa petition proceedings , it is the 
petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 
8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). Here , that burden has not 
been met. 
ORDER: The appeal is rejected.