dismissed EB-1A Case: Business

U.S. Department of Homeland Security 
20 Mass Ave.. N.W., Rrn. A3042 
Washington. DC 20529 
U. S. Citizenship 
and Immigration 
FILE: EAC 04 033 50279 Office: VERMONT SERVICE CENTER Date: && 2 d 2005 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) 
ON 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. 
%bert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 033 50279 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be rejected as 
improperly filed. 
The petitioner seeks to classify the beneficiary pursuant to section 203(b)(l)(A) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(A), as an alien of extraordinary ability in business. The 
director determined the petitioner had not established that the beneficiary qualifies for classification as an alien 
of extraordinary ability. 
In order to properly file an appeal, the regulation at 8 C.F.R. 5 103.3(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. 5 103.3(a)(l)(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." 
8 C.F.R. 8 103.3(a)(2)(v) states: 
Improperly $led appeal -- (A) Appeal $led by person or entity not entitled to file it -- (I) Rejection 
without refund offiling 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. 
The appeal has not been filed by the petitioner, nor by any entity with legal standing in the proceeding, but 
rather by the beneficiary.' Therefore, as the appeal has not been properly filed, it must be rejected. 
ORDER: The appeal is rejected. 
1 ~ttorne~ who prepared and signed the Form I-290B, Notice of Appeal, has submitted a Form G-28, 
Notice of Entry of Appearance as Attorney or Representative, signed by the beneficiary only.