dismissed EB-1C Case: Multinational Executive Or Manager

identifying data deleted to 
prevent clearly unwarranted 
Invasion of personal privacy 
PUBLIC COpy 
DATE JUL 1 3 2012 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Sei::urity 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: NEBRASKA SERVICE CENTER 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1 I 53(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents have 
been returned to the office that originally decided your case. Please also note that any further inquiry must be 
made to that office. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant 
visa petition, which 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.F.R. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must submit 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.F.R. § 103.8(b). The date of filing is not the date of submission, but the 
date of actual receipt with the required fee. See 8 C.F.R. § 103.2(a)(7)(i). 
The service center director issued the decision on August 24, 2010. The service center director 
properly gave notice to the petitioner that it had 33 days to file the appeal. Neither the statute nor the 
pertinent regulations grant the AAO authority to extend this time limit. 
Although the petitioner dated the Form I-290B September 24, 2010, it was not received by the 
service center until October 4, 2010, or 41 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 
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 ofthe 
Nebraska Service Center. See 8 C.F.R. § 103.5(a)(1)(ii). The director determined that the late 
appeal did not meet the requirements of a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.