dismissed L-1B Case: Construction Equipment

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File: LIN 06 066 51450 Office: NEBRASKA SERVICE CENTER
J,L ~. De p a rt¢en t of HomelandSecurlty
20 Mass. Ave., N.W., Rm. A3000
Washington , DC 2 0529
u.s.Citizenship
and Immigration
Services
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Date: . MAR. 0 ~ 2007..
IN RE: Petitioner: .
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigrat ion
and Natiollality Act, 8 U.S .c. § 1101(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.
-..-----::::::::=3~,-- .
Robetf1>':"":Wlemann, Chief
Administrati ve Appeals Office
W;WW;uscis.gov
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LIN 06 066 51450
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
pursuant to 8 C .F.R. § 103.3(a)(2)(v)(B)(l).
The petitioner is a Washington corporation engaged in the business of supplying pre-manufactured forming
equipment. The petitioner seeks to employ the beneficiary as its flyform truss system technician as an L-l B
nonimmigrant intracompany tr~nsferee having specialized knowledge pursuant to section 101(a)(15)(L) of the
Immigration and Nationality Act (the Act), 8 U.S.C . § 1101(a)(l5)(L). The director denied the petition after
concluding that the petitioner failed to establish that the beneficiary possesses specialized knowledge or that
he will be employed in a capacity involving specialized knowledge.
The regulation at 8 C.F.R. § 103.3(a)(2) requires an affected party to file the complete appeal within 30 days after
service ofthe 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 faxed to and ,received by counsel to the pet itioner
on Wednesday , March 8, 2006. The director served the decision using the fax number provided by counsel to the
petitioner in the Form 1-907, Request for Premium Process ing Service. Counsel to the petitioner filed an appeal
with the Nebraska Service Center on Monday , April .10, 2006, 33 days after the decision was served upon counsel
to the petitioner by fax. :
Thus, the appeal was not timely filed and must be rejected on these grounds pursuant to 8 C.F.R. §
. 103.3(a)(2)(v)(B)(l) .
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 a s described in 8 C .F.R. § 103.5(a)(2) or a motion to reconsider as described in 8 C.F .R.
§ 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. § 103.5(a)(I)(ii). The director declined to treat the late appeal as a
motion and forwarded the matter to the AAO.
ORDER: The appeal is rejected.
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