dismissed EB-1A Case: Unknown

(b)(6)
:l 
DATE FEB 2 8 2013 
INRE: Petitioner: 
Beneficiary: · 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and l!llmigration Services 
. Administrative Appe.als Offi<;e (AAO) 
20 Massachusetts Ave., N.W., MS,2090 
Washington, DC 20529·2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Allen Worker as an Alien of Extraordinary Ability Pursuant to Section . 
203(b)(l)(A) of the Immigratiqn and Nationality Act, 8 U.S.C. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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, 
(/~4 .. ·. 
f. Ron Rosenberg . 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
/1 .. ~ 
. 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 11ttomey 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 mailing, but the actual 
receipt of receipt at the designated filing location. 8 C.F.R. § ·w3.2(a)(7)(i). 
The record indicates that the service center director issued the decision on April 20, 2012. 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 I-290B, Notice of Appeal or Motion, was not received at the designated filing location 
until May 29, 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 amotion 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 . . 
ORDER: The · appeal_ is rejected.