dismissed EB-2 Case: Unknown

(b)(6)
.... 
DATE: JAN 3 Q 2013 OFFICE: TEXA'S SERVICE CENTER -, 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship ~nd Immigration Services 
Administrativ~ Appeals Orri.:c (A/\0) 
20 Massachusetts Ave., N.W., MS 201)0 
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 Advam.:ed 
Degree or . an Alien of Exceptional Ability Pursuant to Section 203(h)(2)(A) of the 
Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)(A) 
I 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decis.ion of the Administrative Appeals Office in your case. All of the documents 
related to this maller have been returned to the office that originally decided your case. Please be advised that 
any further in,quiry that you might have concerning your case must be made to that office. 
Thank you, 
Ron Rosenberg I 
Acting Chief, Administrative Appeals Office : 
www. uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will 
be rejected as untimely filed. 
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 date of filing is not the date of submission, but the 
. I . 
date of actual receipt with the required fee., See 8 C.F.R. § 103.2(a)(7)(i). 
The record indicates that the service center , director issued the decision on May 9, 2011 by facsimile, 
not mail. It is noted that the service center director properly gave notice to the petitioner that it had 
30 days to file the appeal, as the denial '-Yas sent via facsimile. Neither the Act· nor the pertinent 
regulations grant the AAO authority to extend this time limit. 
Form I-2908 was not received by the serv~ce center until Friday, June 10, 2011, or 32 days after the 
decision was issued. Accordingly, the app~al was untimely filed. 
I 
The regulation at 8 C.F.R. § 103.3(a)(~)(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 qecision in the proceeding, in this case the Director of the 
Texas Service Center. See 8 C.F.R. § 10?.5(a)(1)(ii). The director determined that the late appeal 
did not meet the requirements of a motion .and forwarded the matter to the AAO. 
I 
As the appeal was untimely filed, the appe~l must be rejected. 
I 
ORDER: The appeal is rejected. 
;~ 
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