dismissed EB-1A Case: Unknown

(b)(6)
DATE 
APR 11 2013 
OFFICE: NEBRASKA SERVICE CENTER FILE: 
( 
INRE : Petitioner: 
Beneficiary: 
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. § 1153(b)(I)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents have 
been returned to the office that originally decided your case . Please also note that any further inquiry must be 
made to that office. 
Thank you, 
VRL~ r Acting Chief, Administrative Appeals Office 
' ' 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based 
immigrant visa petition, which 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. See8 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 at the designated filing location. See 8 C.F.R. 
§ 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on September 17, 2011. 
The director properly advised the petitioner that an appeal may not be filed directly with the 
AAO. The petitioner had 33 days from the date of the decision to file the appeal. Neither the 
Act nor the pertinent regulations grant the AAO authority to extend this time limit. 
The Form 1-2908, Notice ofAppeal or Motion, was initially submitted on October 12, 2011 to 
the AAO. The AAO returned the Form 1-2908 to the petitioner since it was not filed at the 
designated filing location. The Form 1-2908 was not received by the designated filing location 
until January 5, 2012, or 110 days after the decision was issued. Accordingly, the appeal was 
untimely filed. 
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(8)(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 un:timely filed, the appeal must be rejected. 
ORDER: The appeal is rejected~