dismissed EB-1A Case: Unknown

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identifying data deleted to 
prevent clearly unw~nted 
ililVaMolt of personal pnvacy 
PUBLIC COpy 
DATE: APR 2 4 2012 Office: TEXAS SERVICE CENTER 
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)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 11S3(b)(1)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
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. 
Under the U.S. Citizenship and Immigration Services (USCIS) regulation at 8 C.F.R. § 292.4(a), 
as well as the instructions to the Form I-290B Notice of Appeal or Motion, if an attorney files an 
appeal with the AAO, the filing must include a newly executed Form G-28, Notice of Entry of 
Appearance as Attorney or Representative, even if the record includes an older form from the 
same attorney. This regulation applies to all appeals filed on or after March 4, 2010. See 75 
Fed. Reg. 5225 (February 2, 2010). 
The record of proceeding contains a prior Form G-28 signed by counsel on June 8, 2010. The 
director denied the petition on July 15, 2010. Counsel filed the appeal on September 13, 2010, 
but the filing did not include a new Form G-28 as required. 
Under the regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(2), if an appeal is otherwise properly filed 
without a Form G-28, then USCIS must contact the attorney and attempt to obtain the required 
form. Here, however, as the appeal was not otherwise properly filed, the AAO will not request a 
Form G-28, and the petitioner will be considered as self-represented. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must submit the complete appeal within 
30 days of service of the unfavorable decision. If the decision was mailed, the appeal must be 
filed within 33 days. See 8 C.F.R. § 103.8(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 submission, but the date of actual receipt with the proper signature and the 
required fee. See 8 C.F.R. § 103.2(a)(7)(i). The regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(l) 
provides that an appeal which is not filed with the time allowed must be rejected as improperly 
filed. 
The record indicates that the service center director issued the decision on July 15, 2010. It is 
noted that the director properly gave notice to the petitioner that it had 33 days to file the appeal. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend this time 
limit. See Matter of Liadov, 23 I&N Dec. 990 (BIA 2006). Even if the appeal was delayed by 
the overnight delivery service, the error would not warrant special consideration of the 
appeal. Id. 
Counsel initially filed the appeal on August 16,2010. However, counsel's payment for the filing 
fee of the appeal was deficient for insufficient funds. The regulation at 8 C.F.R. § 103.2(b)(7)(i) 
states that "[r ]ejected applications and petitions, and ones in which the check or other financial 
instrument used to pay the filing fee is subsequently returned as non-payable will not retain a 
filing date." On August 27, 2010, counsel was notified of the deficient payment and counsel 
Page 3 
resubmitted proper payment on September 13, 2010, 60 days after the initial decision of the 
director. Accordingly, the appeal was untimely filed. 
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. The official having jurisdiction 
over a motion is the official who made the last decision in the proceeding, in this case the 
Director of the Texas Service Center. See 8 C.F.R. § 103.5(a)(1)(ii). The director determined 
that the late appeal did not meet the requirements of 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.