dismissed EB-2 Case: Unknown

(b)(6)
.. ..., 
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DATE: Office: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S; DepartmentofHomeland Secur(ty 
U.S. Citi?;ensbip ancl ImmigratjoQ Services 
Office of Administrative Appeals 
20 MassachusettsAve., N.W., MS 2090 
Washington, DC 20529-2090 · 
U.S~ Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as a Member ofthe ProfessjQns Holding art 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) 
ONIJEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Ad111inistrative Appeals Office (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law not establish agency poliCy 
through non-precedent decisions . 
. Thank you, 
~~~ 
Rort Rosenberg · 
Chief, Administrative Appeals Office 
www.usds.gov 
(b)(6)
·NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, texas Service Center, denied the immigr~nt vjsa petitio.n and the 
matter is now before the A~ministrative Appeals OffiCe (AAO) on appeal. The appeal will be 
rejected as untimely filed. 
In order to properly file ap appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides tb~t tbe 
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 w~s mailed, the ~ppeal must be filed 
within 33 days. See 8 C.F.R. § 103.8(b). The regulation at 8 C.F.R. § 1.2explains that wben.tbe last 
day of a period falls on a Saturday, Sunday, or leg~} holiday, the period shall run untilthe end of the 
ne~t day that is not a Saturday, Sunday, ot legal holiday. Tbe date of filing i.s . not the date of 
submission, but the date of actual receipt with the proper signature and the required fee: See 
8 C.F.R. § 103.2(a)(7)(i). The regul~tion at 8 C.F.R. § 103.3(a)(2)(v)(B)(J) provides that an appeal 
which i.s not filed within the ti.lne allowed must be rejeGted as improperly flied. 
The record indicates that the service center director issued the decision on April 2; 2013. 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 ~uthority to extend this time 
limit. 
Counsel dated the Form I-290B, Notice of Appeal or Motion, April 30, 2013, and the Form G-28, 
Notiee of Entry of Appearance as Attorney or Accredited Representative, May 2, 2013. The ~ppeal, 
however, was not received by U.S. Citizenship a.nd Immigration Services until Tuesday, May 7, 
2013, or 35 days after the decision was issued. Accordingly, the appeal was untimely filed. 
the regulation at 8 C.F.R. § ·103.3(a)(Z)(v)(l.3)(2) states that, if an untimely appeal·· meets the 
requirements of a motion to reopen or a motion to reconsider, the appe~Lmust be treated as a motion, 
and a decision must be made on the merits of the, case. The official having juris~iction over a 
motion is the official who made tbe l~si decision in the proceeding, in this case the Director of the 
Texas ServiCe Center. See 8 C.F.R. § 103.5(~)(1)(ii). Tbe director determined that the late appeal 
did not me~t the requirements of a motion and forWarded tbe matter to the AAO. · · · 
As the ~ppe~l was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
I