dismissed EB-1A Case: Unknown

DATE JUN 1 9 2012 
IN RE: PClitiorler: 
Beneficiary: 
Office: TEXAS SERVICE CENTER 
1l.S.l>cpartment of Homeland Security 
U.S. Citinnship and Immigration Services 
Administrative Appeals Office (AAO) 
20 MassachuseLts Ave., N.W., MS 20YO 
Washington, DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alicn Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1153(h)(1)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please tlnd the decision of the Administrative Appeals Office in your casco All of the documents 
related to this matter have heen returned to the office that originally decided your case. Please he advised that 
any further inquiry that you might have concerning your case must be madc to that office. 
Thank you, 
Perry Rhew 
Chief, Administrative Appcals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which 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)(I) provides, in pertinent part: 
General. E~'cry benefit request or other document submitted to DHS musl be 
executed and filed in accordance with the form instructions . . . and such 
instructions are incorporated into the regulations requiring its submission. 
As it pertains to the proper filing of an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides: 
Filing Appeal. The affected party must submit an appeal on Form 1-290B. 
Except as otherwise provided in this chapter, the affected party must pay the fee 
required by §103.7 of this part. The affected party must submit the complete 
appeal including any supporting brief as indicated in the applicable form 
instructions 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. § 103.8(b). The 
date of filing is not the date of submission, 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 March 17, 2011. It is noted that the 
director properly gave notice to the petitioner that it had 33 days to file 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.) 
The petitioner dated the appeal April 18, 20l 1. However, despite the clear instructions In the 
director's notice and on the Form 1-2908, the petitioner sent the appeal to the AAO. On April 20, 
2011, the AAO returned the appeal as improperly filed with the wrong office. The appeal was 
received by the director on Monday, April 25, 2011, 39 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). 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 MO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.