dismissed L-1A Case: Advertising Equipment

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PUBLICCOPY
U.S. Department of Homeland Security
20 Mass. Ave., N.W., Rm. A3000
Washington, DC 20529
U.S. Citizenship
and Immigration
Services
File: SRC 05 04652744 Office: TEXAS SERVICE CENTER Date: ·"AYO 1200/
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.c. § 1101(a)(15)(L)
IN BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
I
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.
~fiRobe . Wieilla:n, C~ief
Administrative Appeals Office
www.uscis.gov
SRC 05 046 52744
Page 2
DISCUSSION: The Director of the Texas 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
pursuant to 8 C.F.R. § 103.3(a)(2)(v)(B)(l).
The petitioner is a Florida corporation and is allegedly in the publicity and advertising equipment business. I
The petitioner seeks to employ the beneficiary as an import advisor as an L-IA nonimmigrant intracompany
transferee pursuant to section 101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8U.S.C. §
I 101(a)(l5)(L). The director denied the petition after concluding that the petitioner failed to establish that the
beneficiary will be employed in a primarily managerial or executive capacity.
The regulation at 8 C.F.R. § 103.3(a)(2) requires an affected party to file the complete appeal within 30 days after
service of the decision, or, in accordance with 8 C.F.R. § 103.5a(b), within 33 days if the decision was served by
mail. The record indicates that the decision of the director was sent to the petitioner at the address in the Form 1­
129 on Saturday, April 2, 2005. The record also indicates that the decision of the director was faxed and received
on Saturday, April 2, 2005. The director used the fax number provided in the Form 1-907, Request for Premium
.Processing Service. An appeal was filed with the Texas Service Center on Friday, May 6, 2005, 34 days after the
decision was mailed and faxed.
Thus, the appeal was not timely filed and must be rejected on these grounds pursuant to 8 C.F.R. §
103.3(a)(2)(v)(B)(l).
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(2) states that, ifan untimely appeal meets the requirements of a
motion to reopen as described in 8 C.F.R. § 103.5(a)(2) or a motion to reconsider as described in 8 C.F.R.
§ 103.5(a)(3), 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 service center director. See 8 C.F.R. § 103.5(a)(l)(ii). The director declined to treat the late appeal as a
motion and forwarded the matter to the AAO.
ORDER: The appeal is rejected.
lIt is noted that, according to the corporate records of the State of Florida, the petitioner's corporate name is
actually Import Graphics Corp., and not Import Graphic Corp.