remanded EB-2 NIW Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrativ e Appeals Office (AAO) 
20 Massachusett s Ave., N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: AUG 1 5 2013 OFFICE: NEBRASKA SERVICE CENTER FILE: 
INRE : Petitioner: 
Beneficiary: 
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 (AAO) in your case. This is a non­
precedent decision. The AAO does not announce new constructions of law nor establish agency policy 
through non-precedent decisions. 
Thank you, 
)(~~ 
f?a!L--
Ron Rosenberg 
Chief, Administrative Appeals Office 
www. uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska 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 AAO will return the matter to the director for 
consideration as a motion to reopen and reconsider. 
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 
Immigration and Nationality 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 May 15, 2013. 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 June 20, 2013, or 36 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, m this case the Director, Nebraska Service Center. 8 C.P.R. 
§ 103.5(a)(1)(ii). 
It appears that the director did not review the untimely appeal to determine whether it meets the 
requirements of a motion to reopen or reconsider. Therefore, the matter will be returned to the 
director. If the director determines that the untimely appeal meets the requirements of a motion, the 
motion shall be granted and a new decision will be issued. If the director determines that the 
untimely appeal does not meet the requirements of a motion, no new decision will be issued. 
1 The record contains a cover letter from counsel for the petitioner, dated June 19, 2013, stating that 
the filing fee was inadvertently left out of the package when the Form I-290B was filed. As noted 
above, to be properly filed, the Form I-290B must be submitted with the correct fee. 8 C.P.R. § 
103.2(a)(7)(i). 
(b)(6)
NON-PRECEDENT DECISION 
Page 3 
The untimely appeal must be rejected pursuant to 8 C.P.R. § 103.3(a)(2)(v)(B)(1). 2 
ORDER: The appeal is rejected. 
2 Additionally, the record does not contain a properly filed Form G-28. In accordance with the 
USCIS regulation at 8 C.P.R. § 292.4(a) as well as the instructions to the Form I-290B, a "new 
[Form G-28] must be filed with an appeal filed with the Administrative Appeals Office." This 
regulation applies to all appeals filed on or after March 4, 2010. See 75 Fed. Reg. 5225 (Feb. 2, 
2010). The Form I-290B was signed by an attorney; however, the Form G-28 submitted predates the 
director's decision. On July 25, 2013, the AAO notified this attorney by facsimile that the record does 
not contain a new and properly executed Form G-28 (Rev. 2/28/13), Notice of Entry of Appearance 
as Attorney or Representative, signed by both the petitioner and counsel. This attorney did not 
submit a new duly executed Form G-28 in response. Therefore, this decision is being submitted 
directly to the petitioner.