dismissed EB-1C Case: Business

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PUBLIC COPY 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Ofice ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
File: Office: NEBRASKA SERVICE CENTER Date: 
LIN 07 144 52775 
 JAN 2 8 2010 
Petition: 
 Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. 3 1153(b)(l)(C) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
hief, Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the nonimmigrant visa petition. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
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 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. !j 103.5a(b). 
In accordance with 8 C.F.R. 5 103.2(a)(7)(i), an application received in a U.S. Citizenship and Immigration 
Services (USCIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, 
executed, and accompanied by the correct fee. For calculating the date of filing, the appeal shall be regarded 
as properly filed on the date that it is so stamped by the service center or district office. 
The record indicates that the director issued his decision on September 23, 2008. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. Although USCIS initially received 
the appeal on October 27, 2008, the petitioner did not include the correct filing' fee of $585. Accordingly, 
USCIS returned the petitioner's appeal with a notice informing the petitioner of its failure to provide the 
correct filing fee. USCIS ultimately received the petitioner's resubmitted appeal with the correct filing on 
November 28, 2008, more than two months after the director issued the decision. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(I) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. Accordingly, the appeal in the instant case will be rejected on 
the basis of its untimely filing. 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. 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. 
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. 5 103.5(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. 5 103.5(a)(3). A motion that does not meet 
applicable requirements shall be dismissed. 8 C.F.R. 3 103.5(a)(4). 
The appeal does not meet the requirements of a motion. The director denied the petition based, in part, on the 
petitioner's inability to pay the wage offered as of the priority date of the petition, April 20, 2007. On appeal, 
counsel argues that the petitioner could pay the wage offered in 2008. The other issue raised by the director 
was not addressed on appeal. 
ORDER: 
 The appeal is rejected as untimely filed.