dismissed EB-1A Case: Arts

Identifying data deleted to 
pNVent clearly unwarranted 
iav.ion of penonal privacy 
PUBLICCOP'Y 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Serviccs 
Administrative Appeals Office (AAO) 
20 Massachusctt~ Avc., N.W .. MS 2090 
Washington. DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
DATE: APR 1 9 2012 Office: TEXAS SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
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. § 1153(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. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, 
Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be rejected as improperly filed. 
The petitioner is a theatre. It seeks to classify the beneficiary as an employment-based immigrant 
pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1153(b)(1)(A), as an alien of extraordinary ability in the arts. Noting that the record was 
deficient, the director issued a notice requesting further evidence. After the petitioner failed to 
submit the requested evidence, the director denied the petition for abandonment, pursuant to 
8 C.F.R. § 103.2(b)(l5). 
The director correctly informed the petitioner that no appeal would lie from the decision. 
Regardless, counsel for the beneficiary submitted an appeal on October 22,2010. 
The regulations provide that no appeal lies from the denial of a petition for abandonment. 
8 C.F.R. § 103.2(b)(l5). As there is no appeal from the director's denial, the appeal must be 
rejected. 
In addition to the preceding basis for rejection, the AAO notes that the appeal was not filed by an 
affected party. 
The regulation at 8 C.F.R. § 103.3(a)(2)(v) states: 
Improperly filed appeal -- (A) Appeal filed by person or entity not entitled to file it -­
(1) Rejection without refund of filing fee. An appeal filed by a person or entity not 
entitled to file it must be rejected as improperly filed. In such a case, any filing fee 
the Service has accepted will not be refunded. 
In order to properly file an appeal, the regulation at 8 C.F.R. § 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. The regulation at 8 C.F.R. § 103.3(a)(I)(iii)(B) states that the "'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." 
The Form I-290B, Notice of Appeal or Motion, was filed by attorney 
October 22, 2010. The otice of Entry of Appearance as or 
Representative, submitted both at the time of filing and on appeal was signed 
by the only. The not include a properly executed Form G-28 indicating 
that the petitioning entity and therefore had authorization to file the 
appeal. 
In this matter, the appeal has not been filed by the petitioner, nor by any entity with legal 
standing in the proceeding, but rather by the attorney for the beneficiary. For this additional 
reason, the appeal must be rejected as improperly filed. 
Page 3 
ORDER: The appeal is rejected.