dismissed EB-1A Case: Unknown

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PUBLIC COPY 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Oflce of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
- 
U. S. Citizenship 
and Immigration 
C7 
FILE: Office: NEBRASKA SERVICE CENTER Date: 
LIN 07 056 54305 
 oT-7 1 4 2009 
IN RE: 
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. 5 1 153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
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. 
If you believe the law was inappropriately applied or you have additional information that you wish to 
have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 
9 103.5 for the specific requirements. All motions must be submitted to the office that originally decided 
your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be 
filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 
5 103.5(a)(I)(i). 
urb 
(? , Perry Rhew 
chief, Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and 
a subsequent motion to reopen and reconsider. The matter 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. 5 103.3(a)(2)(i) provides that the 
affected party must file 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. 
5 103.5a(b). The date of filing is not the date of mailing, but the date of actual receipt. See 8 
C.F.R. 5 103.2(a)(7)(i). 
The record indicates that the director issued the decision on January 20,2009. It is noted that the 
director properly gave notice to the petitioner that he had 33 days to file the appeal. Although 
the petitioner dated the appeal February 18, 2009, it was postmarked on February 21, 2009 and 
received by the director on February 24, 2009, 35 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. 5 103.3(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 be 
supported by affidavits or other documentary evidence. 8 C.F.R. 5 103.5(a)(2). A motion to 
reconsider must state the reasons for reconsideration and be supported by any pertinent precedent 
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 shall be 
dismissed. 8 C.F.R. 5 103.5(a)(4). 
The petitioner indicated on the Form I-290B, Notice of Appeal or Motion, that a brief andfor 
additional evidence would be submitted to the AAO within 30 days. As of the date of this decision, 
however, more than seven months after the appeal was filed, no further documentation has been 
received by the AAO. The petitioner provided no other grounds for his appeal. Therefore, the 
untimely appeal does not meet the requirements of a motion to reopen or a motion to reconsider. 
Accordingly, there is no requirement to treat the appeal as a motion under 8 C.F.R. 
5 103*3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: The appeal is rejected.