dismissed EB-1C Case: Multinational Management

PUBLIC COpy 
DATE: OFFICE: NEBRASKA SERVICE CENTER 
FEB 0 9 2012 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
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 
FILE: 
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. § l1S3(b)(1)(C) 
IN BEHALF OF PETITIONER: SELF -REPRESENTED 
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. 
~7 
~ tJhief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The petitioner 
subsequently filed an appeal with the Administrative Appeals Office (AAO). However, as the appeal was 
untimely filed, the director chose to treat it as a motion and issued a new decision, denying the petition once 
more. The petitioner subsequently filed an appeal with the AAO. The appeal was dismissed. The matter is 
now before the AAO on a motion to reopen and reconsider. 1 The motion will be rejected as untimely filed. 
The regulation at 8 C.F.R. § 103.5(a)(1) states that in order to properly file a motion to reopen or reconsider, 
the affected party must file the motion within 30 days of service of the decision the motion seeks to 
reconsider or reopen. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
§ 103.5a(b). With regard to the motion to reopen, an untimely filing may be excused in the discretion of U.S. 
Citizenship and Immigration Services (US CIS) where it is demonstrated that the delay was reasonable and 
was beyond the petitioner's control. 
In accordance with 8 C.F.R. § 103.2(a)(7)(i), an application received in a U.S. Citizenship and Immigration 
Services (USCIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, 
executed, and accompanied by the correct fee. For calculating the date of filing, the motion 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 AAO issued its decision on June 1,2006. It is noted that the AAO properly gave 
notice to the petitioner that it had 30 days to file a motion. The motion in the present matter was received by 
US CIS on March 12, 2010, nearly four years after the decision was issued. Therefore, the motion was 
untimely filed. The petitioner neither claimed nor provided evidence to establish that delay in filing the 
motion beyond the permitted time period was reasonable and was beyond the petitioner's control. Therefore, 
the untimely filing of the motion cannot be excused and the untimely filed motion must be rejected. See 
8 C.F.R. § 103.3(a)(2)(v)(B)(1). 
ORDER: The motion is rejected as untimely filed. 
1 While the record contains a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, 
accompanied by a fax transmittal sheet from the attorney who signed the Form G-28, it appears that counsel held himself 
out as the attorney for the beneficiary, not the attorney representing the petitioning entity. As the beneficiary is not 
deemed an affected party in this matter, a copy of this decision will be sent only to the petitioner and will not be sent to 
counsel who represents the interests of the beneficiary.