remanded EB-2 NIW Case: Unknown

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PUBLIC COPY 
IN RE: Petitioner: 
Beneficiary: 
NEBRASKA SERVICE CENTER 
U.S. Department of Homeland S('curi~' 
U. S. Citizenship and Immigration Service~ 
Administrative Appeals Office (AAO) 
20 MassachuscHS Ave .. ':'..W., MS 2090 
Washington, DC 20529-2090 
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 USC § IIS3(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 mattcr 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, 
Perry Rhcw 
Chief, Administrative Appeals Office 
www,uscis.gov 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. 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. 
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, three days are added to the 
prescribed period and 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 January 20, 2012. The director properly gave notice to the 
petitioner that it had 33 days to file the appeal. Neither the Immigration and Nationality Act nor the 
pertinent regulations grant the AAO authority to extend this time limit. 
Although the petitioner dated the Form I-290B February 17,2012, it was not received by the service 
center until Thursday, February 23, 2012, or 34 days after the decision was issued. Accordingly, the 
appeal was untimely filed. 
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. § I03.S(a)(l)(ii). 
The matter will therefore be returned to the director. If the director determines that the late appeal 
meets the requirements of a motion, the motion shall be granted and a new decision will be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.