dismissed EB-2 Case: Unknown

(b)(6)
l- -_-,. 
DATE: 
JAN 1 4 2013 
INRE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Departmen~ 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 
FILE: 
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 been 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, 
~ 
~~ 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
1. ·. ,.:-. 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The petitioner appeal~d the decision to the Administrative Appeals Office (AAO). The 
appeal will be rejected as untimely filed. 
The petitioner must appeal an unfavorable decision within 30 days of service. 8 C.F.R. 
§ 103.3(a)(2)(i). If the unfavorable decision was mailed, the appeal must be filed within 33 days. 8 
C.F.R. § 103.8(b ). An untimely appeal must be rejected as improperly filed. Neither the Act nor the 
regulations grant the AAO authority to extend this time limit. 
The filing date is the actual date of receipt at the location designated for filing. 8 C.F.R. 
§ 103.2(a)(7)(i). The appeal must be signed and submitted with the correct fee. /d. 
The director issued the decision denying the petition on January 24, 2012. The director properly 
gave notice to the petitioner that it had 33 days to file the appeal. Although counsel's letter 
accompanying the Form I-290B was dated February 22, 20102, the Form I-290B, Notice of Appeal 
or Motion, was not received until .March 1, 2012, or 37 days after the decision was issued. 
Accordingly, the appeal is untimely. 
If an untimely appeal meets the requirements of a motion to reopen or reconsider, the appeal must be 
treated as a motion, and a decision must be made on the merits of the case. 8 C.F.R. 
§ 103.3(a)(2)(v)(B)(2). The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case ·the Director, Texas Service Center. 8 C.F.R. 
§ 103.5(a)(1)(ii). The materials submitted by the petitioner in support of the appeal are identical to 
the materials submitted by the petitioner with its motion to reopen and reconsider previously filed 
with the director. As a result, no new information or arguments were presented to warrant re­
consideration by the direct<?r as a motion to reopen or reconsider. 
The untimely appeal must be rejected pursuant to 8 C.F.R. § 103.3(a)(2)(v)(B)(l). 
ORDER: The appeal is rejected.