dismissed EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privac> 
PUBLlCCOPY 
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 
DATE: Office: TEXAS SERVICE CENTER FILE: 
APR 1 9 20\1 
SRC 08 087 53783 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(1)(A) ofthe Immigration and Nationality Act, 8 USc. § 1153(b)(I)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please t,nd 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 
specitlc requirements for tiling 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 tiling a Fonn 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
.AI O/11//N~ f Perry Rhew 
i'Chief, Administrative Appeals Ollice 
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. 
The regulation at 8 C.F.R. § 103.2(a)(1) provides: 
General. Every application, petition, appeal, motion, request, or other document 
submitted on the 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 .... 
As it pertains to the proper filing of an appeal, the regulation at 8 C.F.R. § I 03.3(a)(2)(i) provides: 
Filing Appeal. The affected party shall file an appeal on Form I-290B. Except as 
otherwise provided in this chapter, the affected party must pay the fee required by 
§103.7 of this part. The affected party shall file the complete appeal including 
any supporting brief with the office where the unfavorable decision was made 
within 30 days after service of the decision. 
If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. § 103.5a(b). The 
date of filing is not the date of mailing, but the date of actual receipt with the required fee. See 8 
C.F.R. § 103.2(a)(7)(i). 
The record indicates that the director issued the decision on December IS, 2009. It is noted that the 
director properly gave notice to the petitioner that it had 33 days to tile the appeal and listed the 
proper fee for an appeal. The notice further advised: "Your notice of appeal must be filed with this 
office at the address at the top of this page." The notice concluded: "The appeal may not be filed 
directly with the Administrative Appeals Office. The appeal must be filed at the address at the 
top of this page." (Bold emphasis in original.) 
Counsel dated the appeal January 15,2010. However, despite the clear instructions in the director's 
notice and on the Form I-290B, counsel sent the appeal to the AAO. On January 20, 2010, the AAO 
returned the appeal as improperly filed with the wrong office. The appeal was received by the 
director on January 27, 2010, 43 days after the decision was issued. Accordingly, the appeal was 
untimely filed. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time limit 
for filing an appeal. The regulation at 8 C.F.R. § 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. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and, when 
filed, be supported by affidavits or other documentary evidence. 8 C.F.R. § 103.5(a)(2). A motion 
to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent 
Page 3 
decisions to establish that the decision was based on an incorrect application of law or Service 
policy. A motion to reconsider a decision on an application or petition must, when filed, also 
establish that the decision was incorrect based on the evidence of record at the time of the initial 
decision. 8 C.F.R. § 103.5(a)(3). A motion that does not meet applicable requirements when filed 
shall be dismissed. 8 C.F.R. § 103.5(a)(4). 
Here, the untimely appeal did not meet the requirements of a motion to reopen or a motion to 
reconsider when it was filed. Therefore, there is no requirement to treat the appeal as a motion under 
8 C.F.R. § 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: The appeal is rejected.