dismissed EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
DATE: MAy 2 6 2011 OFFICE: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W .. MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as an Arren of Extraordinary Ability Pursuant to 
Section 203(b)(1)(A) of the Immigration and Nationality Act; 8 U.S.c. § 1153(b)(I)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of $585. Please be aware that 8 C.F.R. § I 03.5(a)(1 )(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
, !J(il};) n:L 
~'erry Rhew 
~ Chief, Administrative Appeals Office 
www.uscis.gov 
-Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant 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. § 103.3(a)(2)(i) provides that the 
affected party must file the complete appeal with the office where the unfavorable decision was 
made within 30 days after service of the unfavorable decision. If the decision was mailed, the 
appeal must be filed within 33 days. See 8 C.F .R. § 103 .5a(b). The regulation at 8 C.F .R. 
§ 1.1 (h) explains that when the last day of a period falls on a Saturday, Sunday, or legal holiday, 
the period shall run until the end of the next day that is not a Saturday, Sunday, or legal holiday. 
The date of filing is not the date of mailing, but the date of actual receipt. See 
8 C.F.R. § 103.2(a)(7)(i). 
In addition, the regulation at 8 C.F.R. § 103.2(a)(l) provides: 
General. Every application, petition, appeal, motion, request, or other document 
submitted on any form prescribed by this chapter [] must be filed with the location 
and executed in accordance with the instructions on the form, such instructions being 
hereby incorporated into the particular section of the regulations in this chapter I 
requiring its submission. 
The instructions for the Form I-290B, Notice of Appeal or Motion, specifically state: "You must 
file your appeal or motion with the USCIS [U.S. Citizenship and Immigration Services] office 
that made the unfavorable decision within 30 calendar days after service of the decision (33 days 
if your decision was mailed)." 
The instructions also specifically state, "DC? not send your appeal or motion directly to the 
Administrative Appeals Office (AAO). 
The record indicates that the Director, Texas Service Center, issued the decision on September 28, 
2009. It is noted that the director properly gave notice to the petitioner that he had 33 days to file 
the appeal and that her appeal "must be filed at the address at the top of this page." The director 
also indicated that the "appeal may not be filed directly with the Administrative Appeals Office 
(emphasis in the original)." 
Despite these clear instructions, however, counsel submitted the Form I-290B directly to the AAO 
on November 2, 2009. On November 3, 2009, the AAO returned Form 1-290B with fee to counsel 
based on his incorrect filing of the appeal with the AAO. Counsel submitted the appeal to the Texas 
Service Center on November 6, 2009, 39 days after the decision was issued. The regulation at 8 
C.F.R. § 103.3(a)(2)(v)(B)(l) states in pertinent part that "[a]n appeal which is not timely filed 
within the time allowed must be rejected as improperly filed." Accordingly, as the appeal was not 
properly filed within the time allowed, it must be rejected. 
-Page 3 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time 
limit for filing an appeal. Accordingly, as the appeal was untimely filed, it must be rejected. 
It is noted that even if the appeal was timely filed, it would be summarily dismissed. On appeal, 
counsel indicated that he would submit a brief to the AAO within 30 days. Counsel dated the 
appeal on October 30, 2009. As of this date, approximately 21 months later, the AAO has 
received nothing further. Accordingly, the record is considered complete as it now stands. 
As stated under the regulation at 8 C.F.R. § 103.3(a)(1)(v), an appeal shall be summarily dismissed 
if the party concerned fails to identify specifically any erroneous conclusion of law or statement of 
fact for the appeal. Although counsel submitted additional documentary evidence on appeal, he 
failed to identify to which criteria, if any, the documentation pertains pursuant to the regulation at 8 
C.F.R. § 204.5(h)(3). Counsel here has not specifically addressed the reasons stated for denial and 
has provided no statement or argument to give the AAO any meaningful guidance regarding which 
of the director's findings are in contention. As counsel failed to provide any statement or argument 
regarding the basis of his appeal, were the appeal not being rejected as untimely, it would have 
otherwise been summarily dismissed. 
ORDER: The appeal is rejected.