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PUBLICCOPY 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: AUG 2 2 2011 OFFICE: CALIFORNIA SERVICE CENTER FILE: WAC09ll250834 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(l5)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of$630. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
• 
WAC 0911250834 
Page 2 
DISCUSSION: The Director, California 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. § 103.3(a)(2)(i) provides that the 
affected party or the attorney or representative of record must file the complete 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. § 103.5a(b). The date of filing is not the date of mailing, but the 
date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). 
The record indicates that the service center director issued the decision on June 5, 2009. It is 
noted that the service center director properly gave notice to the petitioner that it had 33 days to 
file the appeal. Neither the Act nor the pertinent regulations grant the AAO authority to extend 
this time limit. It is further noted that the director's decision was mailed to counsel and the 
petitioner at their correct addresses. 
Although counsel dated the Form I-290B July 13, 2009, it was not received by the service center 
until August 10, 2009, or 66 days after the decision was issued. Accordingly, the appeal was 
untimely filed. 
The regulation at 8 C.F.R. § 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 
Director of the California Service Center. See 8 C.F.R. § 103.5(a)(l)(ii). 
The matter will therefore be returned to the director. If the director determines that the late 
appeal meets the requirements of a motion, the motion shall be granted and a new decision will 
be issued. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.