dismissed EB-1C Case: Management

(b)(6)
Date: SEP 2 7 2013 
INRE: Petitioner : 
Beneficiary : 
Office: NEBRASKA SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service : 
Administrative Appeals 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: 
SELF-REPRESENTED 
INSTRUCTIONS : 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
t~ 
f-F:on Rosenberg 
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. 8 C.P.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.P.R. § 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on June 3, 2013. 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. The deadline for filing the appeal was July 6, 2013. As this date falls on a Saturday , the 
appeal was due on or before the next business day, which was Monday , July 8, 2013. See 8 C.P.R .§ 
lOOl.l(h). 
Although the Form I-290B is dated July 1, 2013, it was not received at the designated filing location 
until July 9, 2013, or 36 days after the decision was issued. Accordingly, the appeal was untimely 
filed. 
The regulation at 8 C.P.R. § 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. 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 
Nebraska Service Center. See 8 C.P.R. § 103.5(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. 
ORDER: The appea
l is rejected.