dismissed
EB-1A
dismissed EB-1A Case: Recruiting Management
Decision Summary
The appeal was rejected on procedural grounds because it was not properly filed. The individual who filed the appeal on behalf of the petitioner was a consultant, not an attorney or an accredited representative authorized to represent clients before USCIS.
Criteria Discussed
Not specified
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identifying data deleted to prevent clezb: u;~u~dl~ant& invmian ofpersonal privacy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration - - -- SRC 07 016 52217 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. $ 1153(b)(l)(A) IN 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. U ert P. Wiemann, Chief Appeals Office 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 on appeal. The appeal will be rejected. The petitioner is a recruiting management business which seeks to classifL the beneficiary as an "alien of extraordinary ability" pursuant to section 203(b)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 11 53(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. The appeal was filed by who submitted a Form G-28, Notice of Enhy of Appearance as Attorney or Representative signed by the petitioner. indicates that he is a "consultant (International Business Support, LLC)." The regulation at 8 C.F.R. 5 I.l(f) states: The term attorney means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law. The regulation at 8 C.F.R. 5 292.1 (a)(6) encompasses the following type of foreign attorneys: Attorneys outside the United States. An attorney other than one described in Sec. l.l(f) of this chapter who is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which he/she resides and who is engaged in such practice. Provided that helshe represents persons only in matters outside the geographical confines of the United States as defined in section 101(a)(38) of the Act, and that the Service official before whom helshe wishes to appear allows such representation as a matter of discretion. The regulation at 8 C.F.R. 5 292.1(a)(4) defines an accredited representative as a person representing an organization described in 8 C.F.R. 292.2 who has been accredited by the Board of Immigration Appeals (BIA). The regulation at 8 C.F.R. 5 292.2 describes the processes by which the BIA (1) recognizes an organization as authorized to provide accredited representatives, and (2) accredits a person as a representative of a recognized organization. On May 29, 2008, this office issued a notice touoting the above regulations and advising that - according to the unchecked boxes on the Form G-28 and a review of the most recent Roster of Recognized Organizations and Accredited Representatives maintained by the Executive Office for Immigration and Review, available on the Internet at http://mv.usdoj.~r;o~~/eoir/sta~spub/reconitionaccreditationrostcr.pdf, was not an attorney or an accredited representative of an organization recognized by the BIA. was provided 15 days in which to reply and advised that failure to respond would result in the appeal being rejected as Page 3 improperly filed. A copy of this letter was sent to the petitioner. As of this date, more than three months later, this office has not received a response. The appeal has not been filed by the petitioner, an authorized representative or any entity with legal standing in the proceeding, but rather by a consultant. Therefore, the appeal has not been properly filed and must be rejected. 8 C.F.R. 5 103.2(a)(2)(v)(A)(I). ORDER: The appeal is rejected.
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