dismissed EB-1C Case: Management

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizen ship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: OCT 2 2 2013 OFFICE: NEBRASKA SERVICE CENTER F1LE: 
INRE: Petitioner: 
Beneficiary: 
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 deci sion of the Administrative Appeals Office (AAO) in your case . 
Thi s is a non-precedent deci sion. The AAO does not announce new constructions of law nor establish 
agency policy through non-precedent decisions . If you believe the AAO incorrectly applied current law or 
pol 
icy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider 
or a motion to reopen , respectively. Any motion must be filed on a Notice of Appeal or Motion (Form 
I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § I 03.5. Do not file a motion directly with the AAO. 
Th ank you , 
~iff-
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.P.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. See 8 C.P.R. § 103.5a(b). The date of filing is not the date of mailing, but the date 
of actual receipt. See 8 C.P.R. § 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on April 6, 2010. It is noted 
that the service center director properly gave notice to the petitioner that it had 33 days to file the 
appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend this time 
limit. 
Although counsel dated the Form I-290B May 4, 2010, it was not received by the service center 
until May 11, 2010, or 35 days after the decision was issued. Accordingly, the appeal was untimely 
filed. 
The regulation at 8 C.F.R . § 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal 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 ca se the Director of the 
Nebraska Service Center. See 8 C.F.R. § 103.5(a)(l)(ii). 
The matter will be returned to the director. If the director determines that the late appeal meets the 
requirement s of a motion, the motion shall be granted and a new decision will be issued. 
The appeal was untimely filed and must be rejected. 
ORDER: The appeal is rejected.