dismissed EB-1A Case: Unknown

U.S. Department of Borneland Security 
20 Mass. Ave., N.W., Rm. A3042. 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
File: 
 WAC 05 1 10 5 1473 
 Office: CALIFORNIA SERVICE CENTER 
 Date: MAY 2 5 2006 
IN RE: Petitioner: 
Beneficiary: 
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. 3 1 1 53(b)(l)(A) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
'- -- 
IdRobert Piiemann, Chief 
1 Administrative Appeals Office 
I 
'd 
WAC 05 110 51473 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. 
The matter 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. 5 103.3(a)(2)(i) provides that the 
affected party must file the complete appeal within 30 days of after service of the unfavorable 
decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
5 103.5a(b). 
The record indicates that the director issued the decision on August 16, 2005. It is noted that the 
director properly gave notice to the petitioner that it had 33 days to file the appeal. Although the 
petitioner dated the appeal September 9, 2005, it was received by Citizenship and Immigration 
Services (CIS) on September 22, 2005, a Thursday, or 37 days after the decision was issued. 
Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. fj 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 service center 
director. See 8 C.F.R. 5 103.5(a)(l)(ii). The director declined to treat the late appeal as 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.