dismissed EB-1B Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
FILE: WAC 02 175 5 1934 Office: CALJFORNLA SERVICE CENTER Date: 
IN RE: 
PETITION: Immigrant Petition for Alien Worker as an Outstanding Professor or Researcher pursuant to 
Section 203(b)(l)(B) of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(l)(B) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
d your case. Any further inquiry must be made to that office. 
Administrative Appeals Office 
WAC 02 175 51934, 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely. 
In order to properly file an appeal, the regulation at 8 C.F.R. 3 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of after service of the unfavorable decision. The regulation at 
8 C.F.R. 9 103.3(a)(l)(iii)(B) states that "'affected party' (in addition to the Service) means the person or 
entity with legal standing in a proceeding. It does not include the beneficiary of a visa petition." If the 
decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 3 103.5a(b). 8 C.F.R. 9 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 record indicates that the director issued the decision on November 5, 2003. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. On December 8, 2003, the 
beneficiary submitted the Form I-290B, Notice of Appeal. However, the appeal was not accepted because it 
was signed by the beneficiary rather the petitioner and therefore improperly filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(A)(l) states that "[aln appeal filed by a person or entity not 
entitled to file it must be rejected as improperly filed. In such a case, any filing fee the Service has accepted 
will not be refunded." 
Rather than rejecting the beneficiary's appeal as improperly filed, on December 10, 2003, the Service Center 
issued a notice to the petitioner requesting that the Form I-290B be signed by the petitioner and resubmitted. 
On December 17,2003, the petitioner submitted a properly signed Form I-290B. 
The petitioner's appeal in this case was not properly filed until December 17, 2003, or 42 days after the 
decision was issued. It must therefore be rejected as untimely filed. 
The regulation at 8 C.F.R. 3 103.3(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. The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, it must be rejected. 
ORDER: The appeal is rejected.