dismissed EB-1C Case: Management

(b)(6)
DAT,.AY 2 3.2013 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Service 
Administrative Appeal s Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
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. § 1153(b)(l )(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
t4-f-Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
(b)(6)
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected . 
The petitioner is a New York corporation that seeks to employ the beneficiary as its assistant station manager. 
Accordingly , the petitioner endeavor s to classify the beneficiary as an employment-based immigrant pursuant 
to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act) , 8 U.S.C. § ll53(b)( I )(C) , as a 
multinational executive or manager. The director denied the petition after determining that the petitioner had 
not established eligibility. 
In order to properly file an appeal , the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the affected 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. 
8 C.F.R. § 103.8(b). The date of filing is not the date of mailing, but the actual date of receipt at the 
designated filing location. 8 C.F.R. § 103.2(a)(7)(i) . For calculating the date of filing , the appeal shall be 
regarded as properly filed on the date that its receipt was recorded by USCIS. A benefit request which is 
rejected will not retain a filing date. 8 C.F.R. § 103.2(a)(7)(iii). 
The record indicates that the servic e center director issued the decision on May 4, 2012. It is noted that the 
service center director properly gave notice to the petitioner that it had 33 days to file the appeal and provided 
adequate instructions for filing the appeal in the decision. 
Although the Form I-290B, Notice of Appeal or Motion, is dated June 5, 2012, 32 days after the decision was 
issued , it was not received and deemed properly filed at the designated filing location until June 7, 2012, or 34 
days after the decision was issued . Accordingly, the appeal was untimely filed. 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. § 103.3(a)(2)(v)(B)(2) states that, if an untimely appe al meets the requirement s 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 Director of the California Service Center. See 8 C.F.R . 
§ 1 03.5(a)(l )(ii). The director declined to treat the appeal as a motion and forwarded the matter to the AAO . 
As the appeal was untimely filed, the appeal must be rejected. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remain s entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. § 1361. Here , the petitioner has not met that burden. 
ORDER: The appeal is rejected .