dismissed EB-1A Case: Architecture

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PUBLIC COpy 
FILE: 
IN RE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigrution Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. N.W .. MS 2090 
Washington. DC 20529·2090 
U.S. Citizenship 
and Immigration 
Services 
Office: NEBRASKA SERVICE CENTER Date: 
MAR 1 8 2011 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)(1 )(A) of the Immigration and Nationality Act, 8 U.s.c. § IIS3(b)(1 )(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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, 
~~ 
yperr y Rhew 
Chief; Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be rejected. 
The petitioner is an architecture firm that seeks to classify the beneticiary as an "alien of extraordinary 
ability" as an architectural designer, pursuant to section 203(b)( I )(A) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. § 1153(b)(I)(A). The director determined the petitioner had not 
established that the beneficiary enjoys the sustained national or international acclaim necessary to 
qualify for classification as an alien of extraordinary ability. 
The regulation at 8 C.F.R. § 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and sections 103.4 and 
103.5 of this part, affected party (in addition to the Service) means the person or entity 
with legal standing in a proceeding. It does not include the beneficiary of a visa 
petition. 
(Bold emphasis added.) 
The regulation at 8 C.F.R. § 1 03.3(a)(2)(v) states: 
Improperlyfiled appeal -- (AJ Appealfiled by person or entity not entitled fofile it -- (1) 
Rejection without refund offilingfee. An appeal tiled by a person or entity not entitled 
to file it must be rejected as improperly filed. [n such a case, any tiling fee the Service 
has accepted will not be refunded. 
The appeal has not been tiled by the petitioner, nor by any entity with legal standing in the proceeding. 
but rather by the beneficiary, who personally signed the Form 1-290B Notice of Appeal or Motion. 
Therefore, the appeal has not been properly tiled, and must be rejected. l 
ORDER: The appeal is rejected. 
I The record contains two Forms G-28. Notices of Entry of Appearance as Attorney or Representative. both 
of which indicate that the attorney represents the beneficiary only. Thus, the petitioner in this matter is self­
represented. As a result, we will provide notice of this decision to the petitioner only.