dismissed L-1A Case: Unknown

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ape., N.W., Rm. A3042 
Wash~ngton. DC 20529 
U. S. Citizenship 
and Immigration 
File: - Office: TEXAS SERVICE CENTER Date: SEP 1 5 2005 
SRC 04 025 50225 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. tj 1 101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
obert P. Wiemann, Director 
Appeals Office 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based petition. The matter is 
now before the Administrative Appeals Office (MO) on appeal. The appeal will be rejected as untimely 
filed.' 
In order to properly file an appeal, the regulation at 8 C.F.R. 9 103.3(a)(2)(i) provides that the affected party 
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. 9 103.5a(b). 
The record indicates that the director issued the decision on March 29, 2005. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. Although the petitioner dated the 
appeal April 30, 2005, it was received by Citizenship and Immigration Services (CIS) on May 3, 2005, or 35 
days after the decision was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. 9 103.3(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. 9 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the MO. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected. 
I The regulation at 8 C.F.R. 3 103.2(a)(3) specifies that a petitioner "may be represented by an attorney in the 
United States, as defined in Cj 1 .l(f) of this chapter, by an attorney outside the United States as defined in 
Cj 292.l(a)(6) of this chapter, or by an accredited representative as defined in tj 292.1(a)(4) of this chapter." In 
this case, the individual listed on the Form G-28 is not an authorized representative.