dismissed L-1A Case: Earth Products

idsntifyi &lated to 
prevent clarlv unwarranted 
invasim of psor.nal prtvacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PUBLIC COPY 
 && 
File: LIN 05 157 52399 Office: NEBRASKA SERVICE CENTER Date: 2 3 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1101(a)(15)(L) 
IN 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 inqulry must be made to that office. 
.--- 
,' -&- 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
LJN 05 157 52399 
Page 2 
DISCUSSION: The Director of the Nebraska 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. 5 103.3(a)(2)(v)(B)(I). 
The petitioner is an Ohio limited liability company allegedly engaged in the business of developing, 
manufacturing, and distributing earth products. The petitioner seeks to employ the beneficiary as its vice 
president and treasurer to open a new office as an L-1A nonimmigrant intracompany transferee pursuant to 
section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The 
director denied the petition after concluding that the petitioner failed to establish that the intended United 
States operation, within one year of approval of the petition, will support a managerial or executive position. 
The regulation at 8 C.F.R. 5 103.3(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. 5 103.5a(b), within 33 days if the decision was sewed by 
mail. The record indicates that the decision of the director was faxed to and received by counsel to the petitioner 
on Monday, May 23,2005. The director used the fax number provided by counsel to the petitioner in the Form I- 
907, Request for Premium Processing Service. Counsel to the petitioner filed an appeal with the Nebraska 
Service Center on Thursday, June 23,2005, 3 1 days after the decision was served upon counsel to the petitioner 
by fax. 
Thus, the appeal was not timely filed and must be rejected on these grounds pursuant to 8 C.F.R. 5 
103.3(a>(2)(v)@)(1). 
The regulation at 8 C.F.R. $ 103.3(a)(2)(~)@)(2) states that, if an untimely appeal meets the requirements of a 
motion to reopen as described in 8 C.F.R. 5 103.5(a)(2) or a motion to reconsider as described in 8 C.F.R. 
5 103.5(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. 5 103.5(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.