dismissed EB-1A Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: Office: TEXAS SERVICE CENTER Date: JuL 2 1 2,335 
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. § 11 53(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office . , that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office ., 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service 
Center, and 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)(l) states, in pertinent part: 
Every application, petition, appeal, motion, request, or other document submitted on the form 
prescribed by this chapter shall be executed and filed in accordance with the instructions on the form, 
such instructions (including where an application or petibon should be filed) being hereby incorporated 
into the particular section of the regulations in this chapter requiring its submission. 
Part 7 of the Instructions for Form I-290B, Notice of Appeal to the Administrative Appeals Office, states: 
"An appeal that is not signed or is not accompanied by the proper fee will be rejected with a notice that the 
appeal is deficient." 
The regulation at 8 C .F.R. 3 103.2(a)(2) states, in pertinent part: 
An applicant or petitioner must sign his or her application or petition. . . . By signing the application or 
petition, the applicant or petitioner, or parent or guardian certifies under penalty of perjury that the 
application or petition, and all evidence submitted with it, either at the time of filing or thereafter, is 
true and correct. 
The regulation at 8 C.F.R. 3 103.2(a)(7) states, in pertinent part: 
An application or petition received in a Service office shall be . . . regarded as properly filed when so 
stamped, if it is signed and executed and the required filing fee is attached or a waiver of the filing fee 
is granted. An application or petition which is not properly signed or is submitted with the wrong filing 
fee shall be rejected as improperly filed. Rejected 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. 
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 of after service of the unfavorable decision. If the decision was 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). 8 C.F.R. 5 l.l(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 record indicates that the director issued the decision on November 22, 2004. It is noted that the director 
properly gave notice to the petitioner that he had 33 days to file the appeal. The petitioner submitted the 
Form I-290B on December 22,2004. However, the appeal was not accepted because it had not been properly 
filed. 
Page 3 
On December 30, 2004, the Service Center issued a Rejection Notice to the petitioner stating: "The 
application or petition cannot be accepted because it has not been properly signed." 
On January 10,2005, the petitioner submitted a properly signed Form I-290B. 
The petitioner's appeal in this case was not properly filed until January 10,2005, or 49 days after the decision 
was issued. It must therefore be rejected as 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 service center director. See 8 C.F.R. 9 103.5(a)(l)(ii). The 
director declined to treat the late appeal as 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.