dismissed EB-3 Case: Nursing

~dermtifying data deleted to 
prc vent cIer%r; y cnwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3 100 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
4 6 
IN RE: 
PETITION: 
 Petition for Alien Worker as a Skilled Worker or Professional Pursuant to Section 203(b)(3) 
of the Immigration and Nationality Act, 8 U.S.C. 5 1 153(b)(3) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 04 021 52893 
Page 2 
DISCUSSION: The immigrant visa petition was denied by the Director, California Service Center, and is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner is an acute care hospital. It seeks to employ the beneficiary permanently in the United States as 
a registered nurse. As required by statute, an uncertified Application for Alien Employment Certification, 
Form ETA 750, approved by the Department of Labor, accompanies the petition. The director determined 
that the petitioner had not established that: 
The beneficiary met the education and experience qualifications specified in the ETA 750; 
The petitioner had the continuing ability to pay the beneficiary the proffered wage beginning on the 
priority date of the visa petition; or that 
The position qualified for Schedule A certification. 
The director denied the petition accordingly. 
Under 8 C.F.R. 3 103.3(a)(2)(i), the time for appeal is 30 days from the service of the Notice of Decision. An 
additional three (3) days are allowed for the service by mail herein. 8 C.F.R. 3 103.5a(b). 
The director issued the Notice of Decision on Seotember 30, 2004, addressed to the petitioner, -~ 
The director received the appeal more than 33 days 
afterwards, on November 8, 2004.' 
The regulation at 8 C.F.R. 3 103.3(a)(2)(v) states, with reference to Citizenship and Immigration Services 
(CIS), formerly the Service or the INS: 
Untimely appeal-- (I) Rejection without refund of$ling fee. An appeal which is not filed in the time 
allowed must be rejected as improperly filed. In such a case, any filing fee [CIS] has accepted will not 
be refunded. 
The petitioner did not file the appeal within the time allowed, and it must be rejected as an improperly filed 
appeal. 
ORDER: The appeal is rejected. 
'on appeal the petitioner submits a photocopy of an envelope from the director postmarked October 7, 2004, that is 
the director of the 
ears the handwritt 
that CIS electronic records reflect that the director mailed the notice of decision on ~e~tember 30, 2004.