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U.S. DepartmentofHomeland Security
20 Mass Ave., N.W.,.Rm. 3000
Washington, DC 20529
u.s.Citizenship
.and Immigration
Services
FILE: SRC 04 073 52991 Office: TEXAS SERVICE CENTER Date: DEC 05,.
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(H)(i)(b)
ON BEHALF OF PETITIONER:
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, Chief
Administrative Appeals Office
www.uscis.gov
SRC 04 073 52991
Page 2
DISCUSSION: The director of t~e service center denied the nonimmigrant visa petition and the matter is now
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely filed.
In order to properl y file an appeal , the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the affected party
must file the complete appeal within 30 days of after service of the unfavorable decision . If the decision was
mailed, the appeal mu st be filed within 33 days. See 8 C.F.R. § 103.5a(b).
The record indicates that the director issued the decision on February 18, 2004 . . It is noted that the director
properly gave notice to the petitioner that it had 33 days to file the appeal. Although counsel dated the appeal
March 17,2004, it was received by CIS on March 29 , 2004, or 40 days after the decision 'Yas issued.
The regulation at 8 C.F .R. § 103.3(a)(2)(v)(B)(2) states that , ifan untimely appeal meets the requirements ofa
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 serv ice center director. See 8 C.F .R. § I03.5(a)(l)(ii) . The
director declined to treat the late appeal as a motion and forwarded the rnatterto the AAO.
As the appeal was untimely filed, the appeal must be rejected.
ORDER: The appeal is rejected.