dismissed EB-1A Case: Unknown

(b)(6)
DATE 
APR 1 1 2013 
INRE: Petitioner : 
, Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .• N.W ., MS 2090 
Wash ington, 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: 
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, 
~~~ 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Texas 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. 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 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 July 20, 2012. It is noted 
that the service center director properly gave notice to the petitioner that it had 33 days to file the 
appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend this time 
limit. 
The Form I-290B, Notice of Appeal or Motion, was not received at the designated filing location 
until August 28, 2012, or 39 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 ;1ppeal must be treated as a mo~ion, 
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. 
ORDER: The appeal .is rejected.