dismissed L-1A Case: Unknown

.' "'·;1'·- ',r,", ,.c;,,':,.' ';J ...... oJ a "'6 "' .... " U\,;.' ~ . 
• :;vent clearly unwan-a;c.l. ;:1 
. '--:sion of personal prJ· 
PUBLIC COpy 
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: DEC 1 2. 2011 OFFICE: CALIFORNIA SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(l5)(L) of the 
Immigration and Nationality Act, 8 U.S.c. § I 10 I (a)(l5)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents 
have been returned to the office that originally decided your case. Please also note that any further 
inquiry must be made to that office. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
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 service center director issued the decision on December 10, 2009. The service center 
director properly gave notice to the petitioner that it had 33 days to file the appeal. Neither the 
Immigration and Nationality Act nor the pertinent regulations grant the AAO authority to extend 
this time limit. 
The Form I-290B was not received by the service center until January 12,2010, or 34 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 be returned to the director. If the director dete=ines 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. 
www.uscis.gov