dismissed EB-2 Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: Office: TEXAS SERVICE CENTER FILE: 
OCT 0 8 2013 
INRE: Petitioner: 
Beneficiary: 
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) ofthe 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 (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
}.}vOf.itGl ncL 
[ Ron Rosenberg 
r Chief, Administrative Appeals Office 
www.uscls.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal filed on 
December 28, 2012 \. ~will be rejected as untimely filed. 1 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must submit the complete 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. § 103.8(b). The regulation at 8 C.F.R. § 1.2 explains that when the last 
day of a period falls on a Saturday, Sunday, or legal holiday, the period shall run until the end of the 
next day that is not a Saturday, Sunday, or legal holiday. The date of filing is not the date of 
submission, but the date of actual receipt with the proper signature and the required fee. See 
8 C.P.R. § 103.2(a)(7)(i). The regulation at 8 C.P.R. § 103.3(a)(2)(v)(B)(J) provides that an appeal 
which is not filed within the time allowed must be rejected as improperly filed. 
The record indicates that the service center director issued the decision on October 19, 2012. It is 
noted that the service center director properly gave notice to the petitioner that she had 33 days to 
file the appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend this 
time limit. 
Although counsel dated the Form I-290B November 19, 2012, it was not received by U.S. 
Citizenship and Immigration Services until December 28, 2012, or 70 days after the decision was 
issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.P.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. The official having jurisdiction over a 
motion is the official who made the last decision in the proceeding, in this case the Director of the 
Texas Service Center. See 8 C.P.R. § 103.5(a)(l)(ii). The director determined that the late appeal 
did not meet the requirements of a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
1 The petitioner filed a separate timel appeal on November 21, 2012 . Both appeals related to the 
same denied 1-140 petition, The AAO issued a decision on the merits of the timely appeal.