remanded EB-1A Case: Unknown

identify.ing data deleted to 
prev~ut clearly unwarranted 
lDvaslOn of personal . prIVacy 
PUBLIC COpy 
DATE: MAR 0 2 ZOlaFFlCE: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.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. § I I 53(b)(I)(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. § \03.5. 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 of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
reject the appeal. 
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 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 record indicates that the director issued the decision on July 29, 2010. It is noted that the 
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. 
Although counsel dated the Form 1-2908 on August 30, 2010, it was not received by the service 
center until September 2, 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 
Texas Service Center. See 8 C.F.R. § 103.5(a)(1)(ii). 
Here, as the brief in this matter was submitted directly to the AAO in accordance with 8 C.F.R. 
§ 103.3(a)(2)(viii), it is apparent that the director did not have an opportunity to fully review the late 
appeal to determine whether it meets the requirements of either a motion to reopen or a motion to 
reconsider. Therefore, the matter will 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.