dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was rejected because it was filed untimely. The petitioner's appeal was received by the service center 34 days after the decision was issued, which is one day beyond the 33-day filing deadline. The AAO determined the late appeal did not meet the requirements to be treated as a motion and therefore rejected the appeal.
Criteria Discussed
Timeliness Of Appeal
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identifyingdatadeletedto preventclew .urwarranted invasionof personalpnvacy PUBLICcopy U.S.Departmentof HomelandSecurity U.S.CitizenshipandImmigrationServices AdministrativeAppealsOffice(AAO) 20MassachusettsAve.,N.W.,MS2090 Washington,DC20529-2090 8 U.S.Citizenship and Immigration Services DATE Office: TEXASSERVICECENTER FIL ! INOV1 4 2011 IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien WorkerasanAlien of ExtraordinaryAbility Pursuantto Section 203(b)(1)(A)of theImmigrationandNationalityAct,8U.S.C.§ l l53(b)(1)(A) ONBEHALFOFPETITIONER: SELF-REPRESENTED INSTRUCTIONS: This is thedecisionof theAdministrativeAppealsOffice in yourcase.Pleasenotethatall documentshave beenreturnedtotheofficethatoriginallydecidedyourcase.Pleasealsonotethatanyfurtherinquirymustbe madeto thatoffice. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscus.gov DISCUSSION: TheDirector,TexasServiceCenter,deniedtheemployment-basedimmigrantvisa petition. Thematteris now beforetheAdministrativeAppealsOffice (AAO) on appeal.Theappeal will berejectedasuntimelyfiled. In orderto properlyfile an appeal,the regulationat 8 C.F.R.§ 103.3(a)(2)(i)providesthat the affectedparty or the attorneyor representativeof recordmustfile the completeappealwithin 30 daysof serviceof the unfavorabledecision. If the decisionwasmailed,the appealmustbe filed within33days.See8 C.F.R.§ 103.5a(b).Thedateof filing is notthedateof mailing,butthedate of actualreceipt.See8 C.F.R.§ 103.2(a)(7)(i). TherecordindicatesthattheservicecenterdirectorissuedthedecisiononMay 19,2010. It is noted thatthe servicecenterdirectorproperlygavenoticeto thepetitionerthat it had33 daysto file the appeal. Neitherthe Act nor the pertinentregulationsgrantthe AAO authorityto extendthis time limit. AlthoughthepetitionerdatedtheFormI-290BJune15,2010,it wasnot receivedby theservice centeruntil June22, 2010,or 34 daysafter thedecisionwasissued. Accordingly,the appealwas untimelyfiled. The regulationat 8 C.F.R.§ 103.3(a)(2)(v)(B)(2)statesthat, if an untimelyappealmeetsthe requirementsof amotionto reopenor amotionto reconsider,theappealmustbetreatedasamotion, and a decisionmust be madeon the meritsof the case. The official havingjurisdiction over a motionis theofficial who madethe lastdecisionin theproceeding,in this casetheDirectorof the TexasServiceCenter.See8 C.F.R.§ 103.5(a)(1)(ii).Thedirectordeterminedthatthelateappeal did notmeettherequirementsof amotionandforwardedthematterto theAAO. Astheappealwasuntimelyfiled,theappealmustberejected. ORDER: Theappealis rejected.
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