dismissed EB-2 Case: Unknown

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invasion of personal privacy 
PUBLIC COpy 
DATltAl 1 7 1011 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
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 
PETITION: Immigrant Petition for Alien Worker Immigrant Petition for Alien Worker as a Member of 
the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to 
Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.c. § lI53(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents related to this matter 
have been returned to the office that originally decided your case. Any further inquiry must be made to that 
office. 
/~" 
( ~rryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The approval of the employment-based immigrant visa petition was revoked by the 
Director, Nebraska Service Center, and is now before the Administrative Appeals Office (AAO) on 
appeal. The appeal will be rejected as untimely filed. The AAO will return the matter to the director 
for consideration as a motion to reopen and reconsider. 
On March 23, 2010, the director revoked the approval of the petition. I The reason for the revocation 
is that the signatures appearing on the Form 1-140, ETA Form 9089, and G-28 were not in 
compliance with applicable regulations. Counsel's appeal was received by U.S. Citizenship and 
Immigration Services (USCIS) on April 22, 2010, 30 days after the decision was issued. An appeal 
ofa revocation must be filed within 15 days after service of the decision. See 8 C.F.R. § 205.2(d). 
If the decision was mailed, the appeal must be filed within 18 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 by USCIS. See 8 C.F.R. § 
103.2(a)(7)(i). 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the time limit for 
filing an appeal. As the appeal was untimely filed, it must be rejected. The regulation at 8 C.F.R. § 
205.2(d) is sufficient notice to the petitioner of the allotted time to appeal a revocation. 
Nevertheless, the regulation at 8 C.F.R. § 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. A motion to reopen must state the 
new facts to be proved in the reopened proceeding and be supported by affidavits or other 
documentary evidence. 8 C.F.R. § 103.5(a)(2). A motion to reconsider must state the reasons for 
reconsideration and be supported by any pertinent precedent decisions to establish that the decision 
was based on an incorrect application oflaw or USCIS policy. 8 C.F.R. § 103.5(a)(3). In addition, a 
motion to reconsider must establish that the decision was incorrect based on the evidence of record 
at the time of the initial decision. Id. A motion that does not meet applicable requirements shall be 
dismissed. 8 C.F.R. § 103.5(a)(4). The official having jurisdiction over a motion is the official who 
made the last decision in the proceeding, in this case the Director, Nebraska Service Center. See 8 
C.F.R. § I03.5(a)(I)(ii). 
Therefore, the matter will be returned to the director. If the director determines that the late appeal 
meets the requirements of a motion, the motion shall be granted and a new decision will be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rej ected. 
I Section 205 of the Act permits the director to revoke the approval of a petition "at any time, for 
what he deems to be good and sufficient cause."