l- -_-,.
DATE:
JAN 1 4 2013
INRE: Petitioner:
Beneficiary:
OFFICE: TEXAS SERVICE CENTER
U.S. Departmen~ 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
FILE:
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. Thank you,
Ron Rosenberg
Acting Chief, Administrative Appeals Office www.uscis.gov
1. ·. ,.:-.
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The petitioner appeal~d the decision to the Administrative Appeals Office (AAO). The appeal will be rejected as untimely filed.
The petitioner must appeal an unfavorable decision within 30 days of service. 8 C.F.R. § 103.3(a)(2)(i). If the unfavorable decision was mailed, the appeal must be filed within 33 days. 8 C.F.R. § 103.8(b ). An untimely appeal must be rejected as improperly filed. Neither the Act nor the regulations grant the AAO authority to extend this time limit.
The filing date is the actual date of receipt at the location designated for filing. 8 C.F.R. § 103.2(a)(7)(i). The appeal must be signed and submitted with the correct fee. /d.
The director issued the decision denying the petition on January 24, 2012. The director properly gave notice to the petitioner that it had 33 days to file the appeal. Although counsel's letter accompanying the Form I-290B was dated February 22, 20102, the Form I-290B, Notice of Appeal or Motion, was not received until .March 1, 2012, or 37 days after the decision was issued. Accordingly, the appeal is untimely.
If an untimely appeal meets the requirements of a motion to reopen or reconsider, the appeal must be treated as a motion, and a decision must be made on the merits of the case. 8 C.F.R. § 103.3(a)(2)(v)(B)(2). The official having jurisdiction over a motion is the official who made the last decision in the proceeding, in this case ·the Director, Texas Service Center. 8 C.F.R. § 103.5(a)(1)(ii). The materials submitted by the petitioner in support of the appeal are identical to the materials submitted by the petitioner with its motion to reopen and reconsider previously filed with the director. As a result, no new information or arguments were presented to warrant re consideration by the direct<?r as a motion to reopen or reconsider.
The untimely appeal must be rejected pursuant to 8 C.F.R. § 103.3(a)(2)(v)(B)(l).
ORDER: The appeal is rejected.