dismissed EB-2 NIW Case: Unknown

DATE: DEC 0 2 2011 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Sccurit~ 
U,S. Citizen!->hip and Immigration Services 
Administrative Appeals OtTice (AAO) 
20 Massachusctl!-> Ave .. :..i,W .. MS 209() 
Washington, DC 20S29-20')(l 
u.s. Citizenship 
and Immigration 
Services 
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: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your casco 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, 
~ Perry Rhe 
Chief, Administrative Appeals Office 
www.uscis.gov 
-Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will reject the 
appeal as untimely filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) requires that the 
affected party or the attorney or representative of record must file the complete appeal within 30 
days of service of the unfavorable decision. If the decision was mailed, the petitioner must file the 
appeal within 33 days. See 8 C.F.R. § 103.Sa(b). The date of filing is not the date of mailing, but 
the date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on July 29, 2010. 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. 
The service center originally received the Form 1-290B Notice of Appeal on Friday, September 3, 
20 I 0, 36 days after the director issued the decision, Accordingly, the appeal would have been 
untimely filed even if the September 3 filing was proper. The record shows that it was not. Any 
filing that requires a fee is not properly filed unless the fee accompanies the filing. See 8 C.F.R. 
§§ J03.2(a)(l) and (7). The petitioner submitted a check to pay the appeal filing fee, but her bank 
rejected the check for insufficient funds. The service center eventually received the fee more than a 
month later, on October 7,2010. 
The regulation at 8 C.F.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 
Nebraska Service Center. See 8 C.F.R. § J03.S(a)(l)(ii). The AAO notes that the petitioner claimed 
she would submit a supplemental brief within 30 days, but over a year later the record contains no 
further submission from the petitioner. 
Because the appeal was untimel y filed, the AAO must reject the appeal. 
ORDER: The appeal is rejected.