dismissed EB-1A Case: Unknown

(b)(6)
DATE: JUN 1 3 2013 
INRE: Petitioner: 
Beneficiary: 
Office: NEBRASKA SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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 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. 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www. uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center, and 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 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 July 15, 2011. The 
service center director properly gave notice to the petitioner that he had 33 days to file the 
appeal. 
Although the counsel signed the Form I-290B appeal on behalf of the petitioner on August 17, 
2011, the service center did not receive the appeal until August 22, 2011, or 38 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 Nebraska 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. 
ORDER: The appeal is rejected.