dismissed EB-1A Case: Unknown

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PUBLIC copy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
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. 5 1153(b)(l)(A) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS : 
Ths 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. 
J~~IAU~ Q?IW? ~LI'I?L~ 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimrnigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
The appeal was filed on May 23, 2006, 28 days after the decision was rendered. According to the 
pertinent regulations, the appeal was not timely filed. 8 C.F.R. 5 205.2(d) states that revocations of 
approvals must be appealed within 15 days after the service of the notice of revocation. If the decision 
was mailed, the appeal must be filed within 18 days. See 8 C.F.R. 5 103.5a(b). The notice of 
revocation left blank the number of days in whch to file a timely appeal. Nevertheless, the director's 
failure to delineate the filing time does not supersede the pertinent regulations. 
The regulation at 8 C.F.R. 5 103,3(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.