dismissed EB-1C Case: Multinational Management

(b)(6)
U.S. Department ofllomeland Security 
U.S. Citizenship and Immigration Services 
Administrativ e Appeals Office (AAO) 
20 M
assachusetts Ave., N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: OFFICE: TEXAS SERVICE CENTER FILE: 
M~R \l 9 2013 
INRE: Petitioner: 
Beneficiary: 
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 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, 
~ )(_RonR~s~ 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the preference visa petition and 
dismissed the petitioner's subsequent motion to reopen and reconsider. 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.F.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.F.R. § 103.2(a)(7)(i). 
The record indicates that the service center director dismissed the petitioner's motion to reopen 
and reconsider on November 2, 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. 
The Form I-290B is dated January 27, 2012 and it was not received at the designated filing 
location until February 1, 2012, or 91 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 Texas Service Center. See 8 C.F.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 appeal is rejected.