dismissed O-1A Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
 . 
PETITION: 
 Petition for a Nonimmigrant Worker under Section lOI(a)(I 5)(0)(i) of the Immigration and 
Nationality Act, 8 U.S.C. 9 1 101(a)(15)(0)(i) 
ON 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. 
Robert P. Wiemann, Director 
' Administrative Appeals Office 
Page 2 
DISCUSSION: The Vermont Service Center Director denied the preference 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. 3 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of after service of the unfavorable decision. If the decision was 
mailed, the appeal must be filed within 33 days. See 8 C.F.R. 3 103.5a(b). 
The record indicates that the director issued the decision on July 20, 2005. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. The petitioner's appeal was 
received by Citizenship and Immigration Services (CIS) on August 24, 2005, or 35 days after the decision 
was issued. Accordingly, the appeal was untimely filed. 
The regulation at 8 C.F.R. fj 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. tj 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.