dismissed EB-1A Case: Physical Therapy

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U.S. Department of JIomeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
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FILE: LIN 04 013 5109 Office: NEBRASKA SERVICE CENTER Date: A~R 0 7 2006 
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. 8 1 153(b)(l)(~) 
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. 
90bert P . Wiemann, Director 
Administrative Appeals Office 
, i 
I 
LIN 04 013 5109 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
rejected. 
The petitioner is a physical therapy clinic that seeks to classify the beneficiary, a physical therapy 
assistant, as an "alien of extraordinary ability" pursuant to section 203(b)(l)(A) of the Immigration and 
~ationali6 Act (the Act), 8 U.S.C. 5 1153(b)(l)(A). The director determined the petitioner had not 
established the sustained national or international acclaim necessary to qualify for classification as an 
alien of extraordinary ability. 
On appeal, the beneficiary asserts that he filed the wrong paperwork and submits a new self-petition 
seeking classification as an "other worker" pursuant to section 203(b)(3)(iii). Only an employer can file' 
a petition seeking benefits pursuant to section 203(b)(3) of the Act. 8 C.F.R. $5 204.5(c), (1)(1). No 
provision allows an alien to self-petition under that classification. In addition, the regulation at 
8 C.F.R. 5 204.5(1)(3)(i) requires that petitions seeking to classify an alien pursuant to section 203(b)(3) 
of the Act be accompanied by an individual labor certification from the Department of Labor, by an 
application for Schedule A designation, or by documentation to establish that the alien qualifies for one 
of the shortage occupations in the Department of Labor's Labor Market Information Pilot Program. 
Finally, the petitioner provides no legal authority that would allow an employer or an alien to seek a 
new classification on appeal. 
Regardless, the regulation at 8 C.F.R. 5 103.3(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, affectedparty (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 regulation at 8 C.F.R. 5 103.3(a)(2)(v) states: 
Improperlyfiled appeal -- (A) Appealfiled 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, the appeal has not been properly filed, and must be rejected. 
ORDER: The appeal is rejected.