dismissed L-1A Case: Unknown

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PUBLICCOpy
U.S. Departmentof Homeland Security
20 Massachusetts Ave. N.W., Rm. A3000
Washington, DC 20529
u.S.Citizenship
and Immigratlon
Services
File: SRC 05 100 50909 Office: TEXAS SERVICE CENTER Date:
. 1
MAR 06 20m
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)
IN BEHALF OF PETITIONER:
INSTRUCTIONS:
SELF-REPRESENTED
This is the decis~o~ of the ~dministrative Appeals Offic~ in ~our case. All documents have beenlretumed to
the office that originally decided your case. Any further mqurry must be made to that office. .
~
Administrative Appeals Office
www.uscis.gov .
SRC 05 100 50909
. P ~ ge 2
. ' . .
DISCUSSION: The Director , Texas 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) prov ides that the affected party
must file the complete appeal within 30 days of service of the unfavorable decision "with the office where the
unfavorable decision was made." If the decision was mailed, the appeal must be filed within 33 days. See 8
C.F.R. § 103.5a(b). In accordance with 8 C.F.R. § 103.2(a)(7)(i), an application received in a 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. However, rejected applications and petitions will
not retain a filing date. Id.
The record indicates that the director issued the decision on November 9,2005 . It is noted that the director
properly gave notice to the petitioner that it had 33 days to file the appeal. Add itionally , the decision included
the following instructions : "If an appeal is desired, the Notice of Appeal shall be executed and filed with this
office, together with the required fee." (Emphasi s in original) .'
According to the initial date stamp on the Form I-290B Notice of Appeal , it was received by the AAO on
December 12 ~ 2005 with the fee of $385. On that same day, the AAO returned the appeal to the petitioner .
and advised that the Notice of Appeal and fee must be filed with the service center which rendered the
decision . The materials were then submitted to the Texas Service Center on December 21, 2005.,or 42 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 decis lon must be
made on the merits of the case. The official having jurisdiction over a motion is the official wh:o made the
last decision in the proceeding, in this case the service center director. See 8 C.F.R § 103.5(a)Cl)(ii). The
director declined to treat the late appeal as amotion and forwarded the matter to the AAO.
As the appeal was untimely filed , the appeal must be rejected.
ORDER: The appeal is rejected.