dismissed EB-2 Case: Unknown

(b)(6)
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DATE: FEB 0 1 2013 OFFICE: TEXAS SERVICE CENTER 
IN RE: 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 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. § 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case: All of the documents 
related to this matter have b.een returned to the office that originally decided your case. Please be advised that 
any.further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
~~· 
~n Rosenbe\s.J 
Acting Chief, Administrative Appeals Office 
~· 
www.uscis.gov 
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DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will 
reject the appeal as untimely ftled. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) requires that the 
affected party or the attorney or representative of record must file the complete appeal within 30 
days of service of the unfavorable decision. Whenever a person has the right or is required to do 
some act within a prescribed period after the service of a notice upon him and the notice is served by 
mail, 3 days shall be added to the prescribed period. Service by mail is complete upon mailing. 
8 C.F.R. § 103.8(b ). 
A benefit request which is not signed will be rejected. 8 C.F.R. § 103.2(a)(7)(i). A benefit request 
which is rejected will not retain a filing date. 8 C.F.R. § 103.2(a)(7)(iii). According to the cited 
regulations, the appeal is not properly filed until the petitioner submits a signed Form I-290B, Notice 
of Appeal or Motion, with the required fee. · 
The record indicates that the service center director issued the decision on August 28, 2012. The 
service center director properly gave notice to the petitioner that it had 33 days to file the appeal. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend this time limit. 
The petitioner, through counsel, submitted Form I-290B on September 26, 2012. The director 
rejected the appeal because there was no signature on the appeal form. 
The petitioner resubmitted the newly signed appeal on October 9, 2012, with an explanatory note 
from counsel marked "Motion for Late Filing of Appeal." Counsel states: "I acknowledge that I did 
not sign the Form I-290B properly, but I request that this mistake not impact my client's case." 
The appeal, as originally submitted, was unacceptable under the regulations cited above. The 
application of those regulations is not discretionary. The regulations are binding on U.S. Citizenship 
and Immigration Services (USCIS} employees in their administration of the Act. See, e.g., 
Panhandle Eastern Pipe Line Co. v. Federal Energy Regulatory Commission, 613 F.2d 1120 
(C.A.D.C., 1979) (an agency is bound by its own regulations); Reuters Ltd. v. F.C.C., 781 F.2d 946, 
(C.A.D.C.,1986) (an agency must adhere to its own rules and regulations; ad hoc departures from 
those rules, even to achieve laudable aims, cannot be sanctioned). An agency is not entitled to 
deference if it fails to follow its own regulations. U.S. v. Heffner, 420 F.2d 809, (C.A. Md. 1969) 
(government agency must scrupulously observe rules or procedures which it has established and 
when it fails to do so its action cannot stand and courts will strike it down). 
Because the appeal was untimely filed, the AAO must reject the appeal. 
ORDER: The appeal is rejected.