dismissed EB-1C Case: Multinational Management

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PUBLIC copy 
DATE: APR 0 5 2012 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
US, 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 
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. § 1153(b)(1)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents 
have been returned to the office that originally decided your case. Please also note that any further 
inquiry must be made to that office. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
· . 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the nonimmigrant 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 ofthe unfavorable decision. If the decision was mailed, the appeal must be filed 
within 33 days. See 8 C.F.R. § I 03.8(b). The date of filing is not the date of mailing, but the 
date of actual receipt. See 8 C.F.R. § I 03.2( a)(7)(i). 
The record indicates that the service center director issued the decision on July 23, 201 O. 
Counsel for the petitioner first filed the Form I-290B on August 23, 2010 but it was returned due 
to a missing signature on the form. The Form I-290B was not properly filed with USCIS until 
September 2, 2010, or 41 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 ofthe Nebraska Service Center. See 8 C.F.R. § 103.5(a)(1)(ii). 
The matter will therefore be returned to the director. If the director determines that the late 
appeal meets the requirements of a motion, the motion shall be granted and a new decision will 
be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.