dismissed EB-1C Case: Multinational Management

(b)(6)
• I.: .... -
DATE: JAN 2 4 ·2013 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeiand Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., 
N.W., MS 2090 
Washington , OC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: NEBRASKA SERVICE CENTER Fll . .E: 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or ManagerPursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(I)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related 
to this matter have been returned.to the office that originally decided your case. Please be advised that any further 
inquiry that you might have concerning your case must be made to that office. 
Thank you, 
i4t:rative Appeals Office 
www.uscis.gov 
(b)(6)
Page2 
DISCUSSION : The Director, Nebraska Service Center, denied the preference 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. § 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 date of 
actual 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 November 29, 2011. 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 the Form I-290B is dated January 2, 2012, it was not received by the service center until 
January 6, 2012, or 38 days.after the decision was issued. Accordiilgly, the appeal was untimely 
filed. While counsel claims that the seniice center's decision was no~ received until December 6, 
2011 due to holiday-related mail delays, counsel does not dispute thafthe date of service was in fact 
November 29, 2011, the date stamped on the director's decision. 
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 of the 
Nebraska Service Center. See 8 C.P.R. § 103.5(a)(1)(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 appeai is rejected.