dismissed EB-1C Case: Unknown

identifying data deleted to 
prevent clearly unwarr~nted 
invasion of personal pnvac) 
PUBLIC COpy 
u.s. Department of Homeland Security 
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 
DATE: OFFICE: NEBRASKA SERVICE CENTER 
JUN 2 2 2011 
INRE: Petitioner: 
Beneficiary: 
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. § 1 1 53(b)(1)(C) 
IN BEHALF OF PETITIONER: SELF -REPRESENTED 
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. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The petitioner 
subsequently filed an appeal with the Administrative Appeals Office (AAO). The appeal was dismissed. The 
matter is now before the AAO on a motion to reopen and reconsider. The motion will be rejected as untimely 
filed. 
The regulation at 8 C.F.R. § 103.S(a)(l) states that in order to properly file a motion to reopen or reconsider, 
the affected party must file the motion within 30 days of service of the decision the motion seeks to 
reconsider or reopen. If the decision was mailed, the appeal must be filed within 33 days. See 8 C.F.R. 
§ 103 .Sa(b). With regard to the motion to reopen, an untimely filing may be excused in the discretion of the 
Service where it is demonstrated that the delay was reasonable and was beyond the petitioner's control. 
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 motion 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. It is noted that the AAO properly 
gave notice to the petitioner that it had 30 days to file a motion. The motion in the present matter was 
received by USCIS on June 10, 2009, or 44 days after the decision was issued. Therefore, the motion was 
untimely filed. The petitioner neither claimed nor provided evidence to establish that delay in filing the 
motion beyond the permitted time period was reasonable and was beyond the petitioner's control. Therefore, 
the untimely filing of the motion cannot be excused and the untimely filed motion must be rejected. See 
8 C.F.R. § 103.3(a)(2)(v)(B)(J). 
ORDER: The motion is rejected as untimely filed.