dismissed EB-1A Case: Unknown

(b)(6)
' 
DATE·- '. _pFFICE: TEXAS SERVICE CENTER 
IN RI:AY 0 7 2013 PETITIONER: 
BENEFICIARY: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service: 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washin!!ton. 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)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(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. 
Thank you, 
~4------
RonRose~g 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
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Page 2 
DISCUSSION: The Director, Texas Service Center, denied the preference visa petition on 
December 5, 2012, which 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 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. § 1.2 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)(1) 
provides that an appeal which is not filed within the time allowed must be rejected as improperly 
filed. · 
The record indicates that the director issued the unfavorable decision on December 5, 2012. The 
decision was mailed to the petitioner and counsel on the same day. As the director issued the 
decision by mail, the regulation at 8 C.F.R. § 103.8(b) applies and the petitioner's appeal must be 
filed within 33 days. Neither the Immigration and Nationality Act nor the pertinent regulations 
grant the AAO authority to extend the time limit to file an appeal. 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. !d. 
In this case, counsel dated the Form I-290B, Notice of Appeal or Motion, December 31, 2012. A 
United States Postal Service (USPS) mailing label indicates that counsel shipped the Form I-
290B and accompanying documents on Friday, January 4, 2013. A USPS Track and Confirm 
online printout indicates that U.S. Citizenship and Immigration Services (USCIS) received the 
Form I-290B and documents on Tuesday, January 8, 2013. USCIS did not receive the properly 
filed appeal until 34 days after the director issued the unfavorable decision. To be timely, the 
petitioner should have filed the appeal on or before Monday, January 7, 2013. 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. See 8 C.F.R. § 103.5(a)(l)(ii). The director determined that the late appeal did not 
meet the requirements of a motion and forwarded the matter to the AAO. 
Furthermore, even if the appeal were timely filed, it would be summarily dismissed pursuant to 
the regulation at 8 C.F.R. § 103.3(a)(1)(v), as counsel failed to specifically identify any erroneous 
conclusion of law or statement of fact for appeal. Rather, counsel stated in part 3 of the Form I-
290B, in its entirety, that "[t]he petitioner thinks the adjudicating officer erroneously denied this 
petition. And thus filing this appeal to the AAO. Thank you for your consideration." Counsel 
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failed to support his conclusory assertions with any legal or factual bases. Counsel further noted in 
part 2 of the Form I-290B that "[n]o supplemental brief and/or additional evidence will be 
submitted" in support of the appeal. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.