dismissed L-1A Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3000 
identify inn data delefed to 
Washington, DC 20529 
ciiariy unwmd 
hvmion of pe~ond privacy 
U. S. Citizenship 
and Immigration 
Services 
File: LIN 02 142 54047 Office: NEBRASKA SERVICE CENTER Date: AUG 0 3 2006 
'. 
IN RE: Petitioner: 
Beneficiary: -- 
Petition: Petition for a Nonirnrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 101(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. 
-Tgfl------ 
Ro ert P. Wiemann, Chief 
Administrative Appeals Office 
LIN 02 142 54047 
Page 2 
DISCUSSION: The Director of the Nebraska 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 as 
untimely filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(B)(l) 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 .on September 20, 2002. 
Counsel for the petitioner attempted to file an appeal on October 16, -2002, but the Nebraska Service Center 
properly rejected the appeal because counsel to the petitioner failed to sign the Form I-290B. The Nebraska 
Service Center promptly returned the appeal documents to counsel to the petitioner along with a rejection notice. 
The appeal was filed with a properly executed Form I-290B on October 25,2002, 35 days after the decision was 
mailed. Thus, the appeal was not timely filed. 
The regulation at 8 C.F.R. 5 103.2(a)(l) requires that all documents submitted to a service center must be 
executed and filed in accordance with the instructions on the form. Further, 8 C.F.R. 5 103.2(a)(7) provides that 
"[aln application or petition whlch is not properly signed . . . shall be rejected as improperly filed and that 
"[rlejected applications and petitions . . . will not retain a filing date." Therefore, the petitioner's attempt to file an 
appeal with an unsigned I-290B on October 16, 2002, did not extend its time to file a properly executed appeal 
beyond the 33rd day. 
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 reconsider as described in 8 C.F.R. 5 103.5(a)(3), 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). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.