dismissed EB-1C Case: Multinational Management

U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Ofice of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
LIN 07 129 52665 
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. 8 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
hief, Administrative Appeals Office 
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.F.R. 5 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of after service of the unfavorable decision. If the decision was 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). The date of filing is not the date of 
mailing, but the date of actual receipt, which shall be stamped to show the time and date of actual receipt, if it 
is properly signed, executed, and accompanied by the correct fee. See 8 C.F.R. 8 103.2(a)(7)(i). For 
calculating the date of filing, the appeal shall be regarded as properly filed on the date that it is so stamped by 
the service center or district office. 
The record indicates that the director issued the decision on October 12, 2008. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal and further instructed the petitioner 
that proper filing of the appeal must be done with the Nebraska Service Center, where the denial originated. 
Although the appeal was f~st received by the U.S. Citizenship and Immigration Services on November 14, 
2008, it was returned to the petitioner, as it was sent to the Texas Service Center rather than to the Nebraska 
Service Center as expressly instructed by the director. Although the petitioner ultimately resubmitted the 
appeal to the proper office, the appeal was not received until November 25, 2008, or 44 days aRer 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. However, the regulation at 8 C.F.R. 5 103.3(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. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by 
affidavits or other documentary evidence. 8 C.F.R. 5 103.5(a)(2). A motion to reconsider must state the 
reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the 
decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on 
an application or petition must, when filed, also establish that the decision was incorrect based on the 
evidence of record at the time of the initial decision. 8 C.F.R. 5 103.5(a)(3). A motion that does not meet 
applicable requirements shall be dismissed. 8 C.F.R. 5 103.5(a)(4). 
Here, the untimely appeal does not meet the requirements of a motion to reopen or a motion to reconsider. 
Therefore, there is no requirement to treat the appeal as a motion under 8 C.F.R. 5 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. 
ORDER: The appeal is rejected.