dismissed EB-1A Case: Unknown

PUBLIC COpy 
DA TE: OFFICE: NEBRASKA SERVICE CENTER 
DEC 1 4 21m 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
lJ .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)( I )(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. 
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. 
Thc 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. § 103.5(a)(I)(i) requires that any motion must 
be filed within 30 days ofthe decision that the motion seeks to reconsider or reopen. 
Thank you, 
,1 I O{ tWvliL 1! Pt!rry Rhew 
'\L Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, Nebraska 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 improperly filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. § J03.3(a)(2)(i) provides that the 
affected party must file the complete appeal with the office where the unfavorable decision was 
made within 30 days after service of the unfavorable decision. The regulation at 8 C.F .R. 
§ 103.3(a)(I)(iii)(B) states that the '''affected party' (in addition to the Service) means the person 
or entity with legal standing in a proceeding. It does not include the beneficiary of a visa 
petition." Moreover, if the decision was mailed, the appeal must be filed within 33 days. See 8 
C.F.R. § 103.5a(b). The regulation at 8 C.F.R. § J.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 mailing, 
but the date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). 
In addition, the regulation at 8 C.F.R. § I 03.3(a)(2)(v) states: 
Improperlyfiled appeal -- (AJ Appealfiled by person or entity not entitled to file it 
__ (1) Rejection without refund offilingfee. An appeal filed by a person or entity 
not entitled to file it must be rejected as improperly filed. In such a case, any 
filing fee the Service has accepted will not be refunded. 
The record indicates that the service center director issued the decision on May 24, 20 I O. It is 
noted that the service center 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. 
Form I-290B, Notice of Appeal or Motion, was filed by the alien beneficiary on July I, 2010.
1 
In this instance, the appeal has not been filed by the petitioner. nor by any entity with legal 
standing in the proceeding, but rather by the beneficiary. Therefore, the appeal has not been 
properly filed, and must be rejected. Furthermore. the appeal was filed 38 days after the decision 
was issued. Accordingly, the appeal is rejected as untimely filed in the alternative. 
ORDER: The appeal is rejected. 
I On the Form 1-2908, the beneficiary signed under Part 4, "Signature of Person Filing the Appeal/Motion." The 
AAO notes that the appeal was accompanied by Form 0-28, Notice of Entry of Appearance as Attorney or 
Representative, signed by _ who does not appear to be authorized to represent individuals in 
immigration proceedings pursuant to the regulation at 8 C.F.R. § 292.1.