dismissed EB-1C Case: Unknown

U.S. Department of Homeland Security 
\ 
-, 
 20 Massachusetts Ave., N.W., Rm. 3000 
.' Washington, DC 20529 
U. S. Citizenship 
identifying data deleteu and Immigration 
unw-td 
prevat ~1~5 ;nvasion Of persona\ privacy 
 , I 
File: 
 Office: NEBRASKA SERVICE CENTER 
LIN05 110 51433 
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. fj 1153(b)(l)(C) 
IN 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. 
Robert 
Administrative Appeals Office 
, 
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. 
As a threshold issue, it must be noted that the director has already issued a determination as to the untimely 
filing of this appeal. Although this finding by the director was correct for the reasons discussed herein, he did 
not have jurisdiction to make this determination. Specifically, the regulation at 8 C.F.R. tj 103.3(a)(2)(iv) 
states in pertinent part the following: 
If the reviewing official will not be taking favorable action or decides favorable action is not 
warranted, that official shall promptly forward the appeal and the related record of 
proceeding to the AA[O] in Washington, D.C. 
Therefore, to the extent that the director's decision entered a determination as to the appeal's timeliness, it is 
herby withdrawn, as jurisdiction with regard to the appeal reniains with the AAO, not with the director whose 
decision is being appealed. 
111 order to properly file an appeal, the regulation at 8 C.F.R. gC 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. gC 103.5a(b). 
In accordance with 8 C.F.R. 5 103.2(a)(7)(i), an application received in a Citizenship and Immigration 
Services (CIS) 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 servi'ce center or district office. 
The record indicates that the director issued the decision on March 10, 2006. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. The appeal was received by CIS 
on October 13,2006, or ten months after the decision was issued. Therefore, the appeal was untimely filed. 
The regulation at 8 C.F.R. 8 103.3(a)(2)(v)(B)(I) 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. fj 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 service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). The 
director did; in fact, consider the petitioner's untimely submission as a motion and dismissed it pursuant to 
8 C.F.R. 5 103.5(a)(4) based on the determination that the petitioner failed to meet the provisions of 8 C.F.R. 
$8 103.5(a)(2) or (3) for a motion to reopen or motion to reconsider, respectively. 
ORDER: 
 The appeal is rejected as untimely filed.