dismissed EB-1C Case: Unknown

identifying data deleted to 
prevent clearly unwarranted 
bvasion of personal privscy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
EAC 06 009 50438 
Date: 
JUN 0 8 2W 
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 1 153(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. 
(" -7- L- 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont 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. 
In order to properly file an appeal, the regulation at 8 C.F.R. 5 103.3(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. 5 103.5a(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 service center or district office. 
The record indicates that the director issued the decision on May 9,2006. 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 
Tuesday, June 13,2006, or 35 days after the decision was issued. Therefore, the appeal was untimely filed. 
The regulation at 8 C.F.R. 5 103.3(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. 5 103.3(a)(2)(v)(B)(t) 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 declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
ORDER: 
 The appeal is rejected as untimely filed.