dismissed EB-1C Case: Multinational Management

identifying data deLeted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUB LTC COpy 
FILE: Office: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Date: NOV 1 6 2010 
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. § 1 1 53(b)(l)(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. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion. 
The fee for a Form 1-290B is currently $585, but will increase to $630 on November 23, 2010. Any appeal or 
motion filed on or after November 23,2010 must be filed with the $630 fee. Please be aware that 8 C.F.R. 
§ 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to 
reconsider or reopen. 
Thank you, 
erry Rhew 
Chief, Administrative Appeals Office 
www,uscis.gov 
-Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. 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 
must file the appeal within 30 days of service of the unfavorable decision. If the decision was mailed, the 
appeal must be filed within 33 days. See 8 C.F.R. § 103.5a(b). 
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 appeal 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 director issued the decision on April 27, 2009.1 It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. The appeal was initially received 
by USCIS on May 29, 2009, but the petitioner's Fonn I-290B was not accompanied by the proper filing fee. 
Rather, the record indicates that the petitioner submitted a fee of $545, rather than the correct fee of $585 
when filing the appeal. Accordingly, USCIS rejected the appeal based on the petitioner's failure to submit the 
proper fee at the time of filing? The record shows that on June 15, 2009, or 49 days after the denial was 
issued, uscrs received the appeal with the proper filing fee. Therefore, the appeal was untimely filed. 
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(l) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. Accordingly, the appeal in the instant case will be rejected as 
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 ofa 
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 service center director. See 8 C.F.R. § 103.5(a)(1 )(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. The AAO concurs 
with the director that the appeal does not meet the requirements of a motion to reopen or a motion to 
reconsider. 
ORDER: The appeal is rejected as untimely filed. 
I Although the date on the director's decision indicates that it was issued on April 10, 2009, the date stamp on the 
petitioner's Form 1-140 shows that the denial was actually issued on April 27, 2009 as claimed by the petitioner. As 
such, the instant decision will be made in light of the date that is stamped on the petitioner's Form 1-140 rather than the 
date that appears on the director's decision. 
2 Title 8 C.F.R. § 103.2(a)(7)(i) requires that USCIS reject any petition or application filed with the incorrect filing fee.