dismissed L-1A

dismissed L-1A Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was rejected because it was not filed in a timely manner. The petitioner filed the appeal 41 days after the director's decision was mailed, which is outside the 33-day filing period. The director declined to treat the late appeal as a motion to reopen or reconsider.

Criteria Discussed

Timeliness Of Appeal Motion To Reopen Motion To Reconsider

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PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: SRC 00 215 5 173 1 Office: TEXAS SERVICE CENTER Date: SEp 6 1006 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 1 (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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 00 215 51731 
Page 2 
DISCUSSION: The Director of the Texas Service Center denied the nonirnmigrant 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) 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. 5 103.5a(b), within 33 days if the decision was served by 
mail. The record indicates that the decision of the director was mailed to counsel of record for the petitioner on 
February 14, 2001. Counsel for the petitioner filed an appeal with the Texas Service Center on March 27, 2001, 
41 days after the decision was mailed. Thus, the appeal was not timely filed and must be rejected pursuant to 8 
C.F.R. 9 103,3(a)(2)(v)(B)(l). 
The regulation at 8 C.F.R. ยง 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a 
motion to reopen as described in 8 C.F.R. 5 103.5(a)(2) or a motion to reconsider as described in 8 C.F.R. 
ยง 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. ยง 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. 
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