dismissed L-1A Case: Equipment Leasing

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and Immigration
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File: SRC 06 117 52140
IN RE: Petitioner:
Beneficiary:
Office: TEXAS SERVICE CENTER Date:
MAR 0 ~ tOOl
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. §JIOl(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 inquiry must be made to that office.
~~RobettP:-Wlemann, Chief
Administrative Appeals Office
"'-, -•.t"
SRC 06 117 52140 ­
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) (1).
The petitioner is a Texas limited liability company allegedly engaged in the business of equipment leasing.
• The petitioner seeks to employ the beneficiary as its general manager as an L-IA nonimmigrant intracompany
transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § -­
1101(a)(15)(L). The director denied the petition after concluding that the petitioner failed to establish that it
and the foreign entity have a qualifying relationship. '
. .
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 fa~ed to and received by counsel to the petitioner
on-Friday, April 28; 2006. The director served the decision using the fax number provided by counsel to the
petitioner in the Form 1-907, Request for Premium Processing Service. Counsel to the petitioner filed an appeal
with the Texas Service Center on Wednesday, May 31, 2006, 33 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. § .
103.3(a)(2)(v)(B)(1).
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(B)(2) states that, if an untimely appealmeets 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 bemade 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 declinedtotreat the late appeal as a
motion and forwarded the matter to the AAO. '
ORDER: The appeal is rejected.