dismissed EB-2 Case: Unknown

(b)(6)
DATE: . Office: NEBRASKA SERVIC::E CENtER 
JAN 1 1 2013 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service~ 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
. V· S. Citiz~nship 
and Inumgratlon 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as a Member of 'he 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 origina~ly decided your case. Please 
be advised that any further inqui,ry that you might have concerning your case must be made to that office. 
Thank you, 
' 
crm 
Ron Rosenberg . 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
·- . 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the 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 date of actual receipt with the required fee. See 8 C.F.R. § 103.2(a)(7)(i). 
The director issued the decision on August 29, 2011. The director properly gave notice to the 
petitioner that it had 33 days to file the appeal. Neither the Act noi the pertinent regulations 
grant the AAO authority to extend this time limit. 
Although counsel dated the Form I-290B, Notice of Appeal, September 30, 2011, it was filed on 
October 4, 2011, or 36 days after the decision was issued. Accordingly, the appeal was untimely 
filed. 
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, Nebraska Service Center. 8 C.F.R. 
§ 103.5(a)(1)(ii). As required by 8 C.F.R. § 103.3(a)(2)(ii)-(iv), the director reviewed the appeal 
prior to forwarding it to the AAO, and did not conclude that it met the requirements of a motion 
or otherwise warrant favorable action. -
The untimely appeal must be rejected pursuant to 8 C.F.R. § 103.3(a)(2)(v)(B)(i). 
ORDER: The appeal is-rejected.