dismissed EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privac} 
PUBLIC COpy 
DATE: OFFICE: TEXAS SERVICE CENTER 
JUN 242011 
INRE: 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 Alien of Extraordinary Ability Pursuant to 
Section 203(b)( I )(A) of the Immigration and Nationality Act; 8 U.S.c. § 1153(b )(1 )(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 1-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 C.F.R. § 1 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, 
~
,O~Ddnct 
, 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 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 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). 
The record indicates that the director issued the decision on January 27,2010. 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 on February 16,2010, it was postmarked on February 25, 2010, and 
received by the director on March 2, 2010, 34 days after the decision was issued. Accordingly, 
the appeal was untimely filed. 
Neither the Immigration and Nationality Act (the Act) nor the pertinent regulations grant the 
AAO authority to extend the 33-day time limit for filing an appeal. As the appeal was untimely 
filed, the appeal must be rejected. Nevertheless, the regulation at 8 C.F.R. § 103.3(a)(2)(v)(8)(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 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 
decisions to establish that the decision was based on an incorrect application of law or United 
States Citizenship and Immigration Services (USCIS) 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 shall be dismissed. 8 C.F .R. § 103 .5( a)( 4). 
Here, the untimely appeal does not meet the requirements of a motion to reopen or a motion to 
reconsider. Therefore, there is no requirement to treat the appeal as a motion under 8 C.F.R. 
§ 103.3(a)(2)(v)(8)(2). 
Page 3 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. I 
ORDER: The appeal is rejected. 
I The AAO notes that the regulation at 8 C.F.R. § 103.3(a)(I)(v), provides that 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. 
On appeal, the petitioner indicated on Form 1-290 that a brief would be submitted to the AAO within 30 days and stated 
that the "[a]pplicant has met all the requirements provides by the laws, and she if fully qualified." However, as of the 
date of this decision, the AAO has received nothing further. As the petitioner did not specifically address the reasons 
stated for denial and did not provide any additional evidence, the appeal would have been summarily dismissed in the 
alternative.