dismissed EB-1C Case: Business

U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529 
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PUBLIC COPY 
Office: TEXAS SERVICE CENTER Date: KT 2 4 2006 
SRC 05 260 50778 
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. 
 1 153(b)(l)(C) 
IN BEHALF OF PETITIONER: SELF-REPRESENTED 
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 fiu-ther inquiry must be made to that office. 
-" --"-2 
Robe 
Administrative Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely 
'filed,. '' 
The regulation at 8 C.F.R. 5 103.3(a)(Z)(i) states the following regarding time restrictions for appeals filed 
with the AAO: 
The affected party shall file the complete appeal including any supporting brief with the 
office where the unfavorable decision was made within 30 days after sewice of the decision. 
In accordance with 8 C.F.R. 3 103.2(a)(7)(i), an application received in a Citizenship and Immigration 
Services (CIS) office shall be stamped to ihow 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 the decision on January 11, 2006. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. Although counsel dated the appeal 
February 10,2006, the appeal was sent out on the 32nd day and it was received by CIS on February 16,2006, 
or 36 days after the decision was issued. Therefore, the appeal was untimely filed. 
The regulation at 8 G.F.R. 5 103.3(a)(2)(v)(B)(f) 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 as 
untimely filed. 
The regulation at 8 C.F.R. rj 103.3(a)(Z)(v)(l3)(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. § 10?.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
ORDER: 
 The appeal is rejected as untimely filed.