dismissed EB-1A Case: Unknown

U.S. Department of Homeland Security 
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
pUBLlC COPY 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
FILE: office: TEXAS SERVICE CENTER Date: RUG 2 5 2010 
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. $ 1153(b)(l)(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. 
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 I-290B, Notice of Appeal or 
Motion, with a fee of $585. 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, 
#& 5% 
Perry Rhew 
Chief, Administrative Appeals Office 

Page 2 
DISCUSSION: The Director, Texas 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 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 must file the complete appeal within 30 days after 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 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 July 7, 2009. It is noted that the 
director properly gave notice to the petitioner that it had 33 days to file the appeal. Although the 
petitioner dated the appeal on August 4, 2009, it was received by the director on Tuesday, 
August 11, 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 must meet all of the regulatory requirements under 8 C.F.R. 5 103.5(a) at the time it is 
filed. 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. 6 103.5(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). 
Here, the untimely appeal did not meet the requirements of a motion to reopen or a motion to 
reconsider at the time it was filed. Therefore, 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.