remanded EB-1A Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
DATE: OCT 2 1 2011 Office: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Securit)' 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. N.W .. MS 2090 
Washington. DC 20529-2090 
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: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals OtTice in your case. Please note that all documents have 
been returned to the office that originally decided your case. Please also note that any further inquiry must be 
made to that office. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
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. The AAO will return the matter to the director for consideration as a motion to 
reopen and reconsider. 
In order to properly file an appeal, the regulation at 8 C.F.R. § I03.3(a)(2)(i) provides that the 
atTected 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 March 8, 2010. The regulation at 8 C.F.R. 
§ 204.5(n)(2) requires that "[t]he petitioner shall be informed in plain language of the reasons for 
denial and of his or her right to appeal [emphasis added]." Moreover, the regulation at 8 C.F.R. 
103.3(a)(l)(iii)(A) requires that "[w]hen an unfavorable decision may be appealed, the official making 
the decision shall state the appellate jurisdiction and shall furnish the appropriate appeal form:' 
Finally, the regulation at 8 C.F.R. § 103.3(a)(2)(i) requires that "[t]he affected party shall file the 
complete appeal including any supporting brief with the office where the unfavorable decision was 
made." However, the director did not inform the petitioner of his appeal rights and that the appeal 
must be filed with the office where the unfavorable decision was made (Texas Service Center). 
On April 7, 2010, counsel incorrectly submitted the appeal to the AAO. On April 8, 2010, the AAO 
returned the appeal to counsel and instructed her to file the appeal with the Texas Service Center. On 
April 16,2010, or 39 days after the decision was issued, the appeal was received by the Texas Service 
Center. Neither the Act nor the pertinent regulations grant the AAO authority to extend this time limit. 
Accordingly, the appeal was untimely tiled. 
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 (0 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. Here, as the director failed to inform the 
petitioner of his appeal rights, including where to file the appeal, the matter will be returned to the 
director for consideration as a motion. 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.