dismissed L-1A Case: Unknown

PUBLIC COPY 
US. Department of IIomeland Security 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
File: EAC 07 159 50323 Office: VERMONT SERVICE CENTER AUG 2 9 2008 Date. 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 1 (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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
EAC 07 159 50323 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely 
filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. 5 103.3(a)(2)(i) provides that the affected party 
must file the appeal within 30 days of service of the unfavorable decision. If the decision was mailed, the 
appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). 
In accordance with 8 C.F.R. 5 103.2(a)(7)(i), an application received in a Citizenship and Immigration 
Services (CIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, 
executed, and accompanied by the correct fee. For calculating the date of filing, the appeal shall be regarded 
as properly filed on the date that it is so stamped by the service center or district office. 
The record indicates that the director issued the decision on January 9, 2008. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. The appeal was received by CIS 
on February 15,2008, or 37 days after the decision was issued. Therefore, the appeal was untimely filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(I) states that an appeal which is not filed within the time 
allowed must be rejected as improperly filed. Accordingly, the appeal in the instant case will be rejected as 
untimely filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a 
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 service center director. See 8 C.F.R. 5 103.5(a)(l)(ii). 
An untimely-filed appeal must meet specific requirements to be treated as a motion. The regulation at 
8 C.F.R. 5 103.5(a)(2) requires that a motion to reopen state the new facts to be provided in the reopened 
proceeding, supported by affidavits or other documentary evidence. Furthermore, 8 C.F.R. 5 103.5(a)(3) 
requires that a motion to reconsider must state the reasons for reconsideration and be supported by any 
pertinent precedent decisions to establish that the decision was based on an incorrect application of law or CIS 
policy. 
Review of the record indicates that the appeal does not meet either of these requirements. On appeal, counsel 
for the petitioner stated that the basis for the appeal will be provided in a brief, which counsel indicated he 
would submit within thirty days of the appeal. It is noted, however, that there is no indication that the record 
has been supplemented with any further evidence. Counsel did not specifically identify any erroneous 
conclusion of law or statement of fact. The petitioner does not provide any new facts to be considered in the 
reopened proceeding, nor does the petitioner provide affidavits or other documentary evidence. Furthermore, 
the petitioner neither states a clear reason for reconsideration nor provides any precedent decision to establish 
that the decision was based on an incorrect application of law or CIS policy. For these reasons, the appeal 
will not be treated as a motion to reopen or reconsider. 
EAC 07 159 50323 
Page 3 
ORDER: 
 The appeal is rejected as untimely filed.