dismissed EB-1A Case: Unknown

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identifying data deleted to 
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PUBUCCOpy 
U.S. Department of Homeland Security 
U.S. Citizenship and immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts A "e .. )J, \\'". MS 20YO 
Washington. DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
DATE: JAN 1 3 2012 Office: NEBRASKA SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
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. § I I 53(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. 
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. 
The 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)(l)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.lIscis.gov 
• 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Nebraska Service Center, and 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 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. § 103.5a(b). The regulation at 8 C.F.R. § 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 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). The regulation at 
8 C.F.R. § 103.3(a)(2)(v)(B)(l) provides that an appeal which is not filed with the time allowed 
must be rejected as improperly filed. 
The record indicates that the service center director issued the decision on March 16, 2010. It is 
noted that the service center director properly gave notice to the petitioner that he had 33 days to 
file the appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend 
this time limit. See Matter of Liadov, 23 I&N Dec. 990 (B1A 2006). Even if the appeal was 
delayed by the overnight delivery service, the error would not warrant special consideration of 
the appeal. Id. 
Although counsel dated the Form 1-290B April 16, 2010, it was not received by the service 
center until April 20, 2010, or 35 days after the decision was issued. Accordingly, the appeal 
was untimely filed. 
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(8)(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 of the Nebraska Service Center. See 8 C.F.R. § 103.5(a)(l)(ii). 
The matter will therefore be returned to the director. If the director determines that the late 
appeal meets the requirements of a motion, the motion shall be granted and a new decision will 
be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.