dismissed L-1A Case: Freight Forwarding

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PUBLIC COpy
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20 Mass. Ave., N.W., Rm. A3000
Washington, DC 20529
u.S. Cttizenship
and Immigration
Services' .
File: SRC 05 257 53065 Office: TEXAS SERVICE CENTER Date: MAR 13 ZIIl7
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. § 110l(a)(lS)(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. Anyfurther inquiry must be made to that office.
~-:--:::::=-~_.~,.. ~
Robert P. Wiemann, Chief
Administrative Appeals Office
WWw'.uscis.gov
•
SRC 05 257 53065
Page 2
DISCUSSION: The Director of the Te~as 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 Louisiana corporation and allegedly a freight forwarding business. The petitioner seeks to
employ the beneficiary as its president as an L-IA nonimmigrant intracompany transferee pursuant to section
101(a)(I5)(L) of the 'Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L)~ The director
denied the petition after concluding that the petitioner failed to establish that the beneficiary will he employed
primarily in a 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 mailed to the petitioner on Wednesday, March 1,
2006. Counsel to the petitioner filed an appeal with the Texas Service Center on Tuesday, April 4, 2006, 34 days
after the decision was mailed.
Thus, the appeal was not timely filed and must be rejected on these grounds' pursuant to 8 C.F.R. §
I03.3(a)(2)(v)(B)(l).
The regulation at 8 C.F.R. § I03.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a
motion to reopen as described in 8 C.F.R. § I03.5(a)(2) or a motion to reconsider as described in 8 C.F.R.
§ 103.5(a)(3), the appeal must he 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. § I03.5(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.