dismissed
EB-1C
dismissed EB-1C Case: Unknown
Decision Summary
The appeal was rejected because it was untimely filed. The appeal was received 37 days after the director's decision was issued, which exceeded the 33-day deadline permitted for filing an appeal after a mailed decision.
Criteria Discussed
Timely Filing Of Appeal
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U.S.Departmentof HomelandSecurity U.S.CitizenshipandImmigrationServices AdministrativeAppealsOffice (AAO) 20 MassachusettsAve.,N.W., Ms 2090 Washington,DC20529-2090 U.S.Citizenship s and Immigration Services DATE DEC 2 0 2012 OFFICE:NEBRASKASERVICECENTER IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor AlienWorkerasaMultinationalExecutiveorManagerPursuantto Section203(b)(1)(C)of theImmigrationandNationalityAct, 8U.S.C.§ 1153(b)(1)(C) ONBEHALFOFPETITIONER: INSTRUCTIONS: Thisis thedecisionof theAdministrativeAppealsOfficein yourcase.Pleasenotethatall documentshave beenreturnedto the office that originally decidedyour case. Pleasealsonotethat any further inquiry must be madeto thatoffice. Thankyou, Ron Rosenberg ActingChief,AdministrativeAppealsOffice www.uscis.gov Page2 DISCUSSION: The Director,NebraskaServiceCenter,deniedthe employment-basedimmigrant visapetition,which is nowbeforetheAdministrativeAppealsOffice (AAO) on appeal.Theappeal will berejectedasuntimelyfiled. In order to properly file an appeal,the regulationat 8 C.F.R. § 103.3(a)(2)(i)providesthat the affectedparty or the attorneyor representativeof record mustsubmitthe completeappealwithin 30 daysof serviceof the unfavorabledecision. If the decisionwasmailed,the appealmustbe filed within 33 days. See8 C.F.R.§ 103.8(b). Thedateof filing is not the dateof submission,but the dateof actualreceiptwith therequiredfee. See8 C.F.R.§ 103.2(a)(7)(i). Therecordindicatesthattheservicecenterdirectorissuedthedecisionon November14,2011. The petitionerhad 33 daysfrom the dateof the decisionto file the appeal. Neitherthe Act nor the pertinentregulationsgranttheAAO authorityto extendthis timelimit. TheFormI-290Bwasnot receivedby the servicecenteruntil December21, 2011,or 37daysafter thedecisionwasissued.Accordingly,theappealwasuntimelyfiled. The regulationat 8 C.F.R. § 103.3(a)(2)(v)(B)(2)statesthat, if an untimely appealmeetsthe requirementsof a motionto reopenor amotionto reconsider,theappealmustbetreatedasamotion, and a decisionmustbe madeon the meritsof the case. The official havingjurisdiction over a motionis the official who madethe lastdecisionin the proceeding,in this casetheDirectorof the NebraskaServiceCenter. See8 C.F.R. § 103.5(a)(1)(ii). The director deterrninedthat the late appealdid not meettherequirementsof amotionandforwardedthematterto theAAO. As the appealwasuntimely filed, the appealmustberejected. ORDER: Theappealis rejected.
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