dismissed EB-2 NIW Case: Unknown

(b)(6)
DATMAY 2 3 2013 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department 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: 
SELF-REPRESENTED 
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, 
Efru{~.;t !t-1 (U.r?>~~:r.:=-k 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
(b)(6)
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The petitioner appealed 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.P.R. § 
103.3(a)(2)(i). If the unfavorable decision was mailed, the appeal must be filed within 33 days. 8 
C.P.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.P.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 September 24, 2012. The director properly 
gave notice to the petitioner that it had 33 days to file the appeal. The petitioner filed the Form I-
290B, Notice of Appeal or Motion, on December 21, 2012 or 88 days after the decision was issued. 
Accordingly, the appeal is untimely.1 
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.P.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.P.R. 
§ 103.5(a)(1)(ii). As required by 8 C.P.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.P.R. § 103.3(a)(2)(v)(B)(l). 
ORDER: The appeal is rejected. 
1 The appeal was initially rejected on November 8, 2012 for failing to attach a check in the right 
amount. November 8, 2012 is 45 days after the date of the director's denial. Thus, the earlier filing 
date was also untimely.