dismissed EB-1C Case: Sales And Marketing

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identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privac) 
PUBLIC COpy 
DATE: 
FEB 2 1 2012 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Se£urity 
U. S. 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 
OFFICE: TEXAS SERVICE CENTER 
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. All documents have been returned 
to the office that originally decided your case. Any further inquiry 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 I-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
CQ@,_h 
PerryRhew 
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 or the attorney or representative ofrecord 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. See 8 C.F.R. § 103.5a(b). The date of filing is not the date of mailing, but the 
date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). 
The service center director issued his decision on February 18, 2010. 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 counsel dated the Form I-290B March 18, 2010, it was not received by the service 
center until March 24, 2010, or 34 days after the decision was issued. Accordingly, the appeal 
was untimely filed. 
Even if the appeal had been timely filed, the appeal would have been summarily dismissed 
pursuant to the regulation at 8 C.F.R. § 103.3(a)(I)(v). Upon review of counsel's appellate brief, 
counsel failed to specify any legal or factual errors made by the director in issuing the adverse 
decision. While counsel disagrees with the director's decision and maintains that the beneficiary 
warrants the immigrant classification of a multinational manager or executive, the assertions in 
the appellate brief do not overcome the director's finding that the beneficiary's position in the 
United States as a Sales and Marketing Manager cannot be deemed as employment in a 
qualifying managerial or executive capacity. Counsel did not address the director's finding that 
the petitioner and the foreign employer have not been shown to have a qualifying relationship. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.