dismissed EB-1C

dismissed EB-1C Case: Business Management

📅 Date unknown 👤 Company 📂 Business Management

Decision Summary

The appeal was rejected as untimely filed. The decision was issued on July 13, 2011, but the appeal was not received by USCIS until August 24, 2011, which was 42 days later and outside the 33-day filing period.

Criteria Discussed

Timely Filing Of Appeal

View Full Decision Text

PUBLIC
U.S.DepartmentofHomelandSecurity
U.S.CitizenshipandImmigrationServices
AdministrativeAppealsOffice(AAO)
20MassachusettsAve.,N.W.,MS2090
Washington,DC20529-2090
U.S.Citizenship
and Immigration
Services
DATE JUN 0 7 2012 Office: TEXASSERVICECENTER
IN RE:
PETITION: ImmigrantPetitionfor Alien WorkerasaMultinationalExecutiveor ManagerPursuantto
Section203(b)(1)(C)of theImmigrationandNationalityAct, 8U.S.C.§ 1153(b)(1)(C)
ON BEHALFOFPETITIONER:
INSTRUCTIONS:
This is thedecisionof theAdministrativeAppealsOfficein yourcase.Pleasenotethatall documentshave
beenreturnedto theofficethatoriginallydecidedyourcase.Pleasealsonotethatanyfurtherinquirymustbe
madeto that office.
Thankyou,
PerryRhew
Chief,AdministrativeAppealsOffice
www.uscis.gov
Page2
DISCUSSION: TheDirector,TexasServiceCenter,deniedthe employment-basedimmigrantvisa
petition,whichis nowbeforetheAdministrativeAppealsOffice(AAO)onappeal.Theappealwill
berejectedasuntimelyfiled.
In orderto properlyfile an appeal,the regulationat 8 C.F.R.§ 103.3(a)(2)(i)providesthat the
affectedpartyor theattorneyor representativeof recordmustsubmitthecompleteappealwithin 30
daysof serviceof the unfavorabledecision. If the decisionwasmailed,the appealmustbe filed
within 33 days. See8 C.F.R.§ 103.8(b).Thedateof filing is notthedateof submission,butthe
dateof actualreceiptwith therequiredfee. See8 C.F.R.§ 103.2(a)(7)(i).
Therecordindicatesthattheservicecenterdirectorissuedthedecisionon July 13,2011. It is noted
thatthe servicecenterdirectorproperlygavenoticeto the petitionerthat it had33 daysto file the
appeal. Neitherthe Act nor the pertinentregulationsgrantthe AAO authorityto extendthis time
limit.
Counselsignedand datedthe Form I-290B, Notice of Appeal or Motion, on August 12, 2011.
However,accordingto thedatestampontheFormI-290B,USCISdid notreceivetheappealuntil
August24,2011,or 42 daysafterthedecisionwasissued.Accordingly,theappealwasuntimely
filed.
The regulationat 8 C.F.R.§ 103.3(a)(2)(v)(B)(2)statesthat, if an untimelyappealmeetsthe
requirementsof amotionto reopenor amotionto reconsider,theappealmustbetreatedasa motion,
and a decisionmustbe madeon the meritsof the case. The official havingjurisdiction over a
motion is the official who madethe lastdecisionin theproceeding,in this casethe Director of the
TexasServiceCenter. See8 C.F.R.§ 103.5(a)(1)(ii).Thedirectordeterminedthatthe late appeal
did notmeettherequirementsof a motionandforwardedthemattertotheAAO.
As theappealwasuntimelyfiled, theappealmustberejected.
ORDER: Theappealis rejected.

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