dismissed EB-1C Case: Multinational Management

(b)(6)
Date : 
SEP 0 9 2013 
Office: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Ci tize nship and Immi gration Servic( 
Administr ative Appeals Office (AAO) 
20 Massachu setts Ave. N.W., MS 2090 
Washingt on, 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 . § ll53(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non­
precedent decision . The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
J:..~~ ;PonR:t~ 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6) NON-PRECEDENT DECISION 
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. § 1 03.3(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 issued the decision on December 28, 20 12. 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 29, 2013, the complete appeal was not received at the designated 
filing location until February 14, 2013, or 48 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 of the Nebraska 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.