dismissed EB-1A Case: Sculpture

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P1W,11C copy 
DATE: JUN 25 2012 
INRE: Petitioner: 
Beneficiary: 
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Office: TEXAS SERVICE CENTER F 
C.S. Ikpurtmcnt of fJomciand Sccurit~ 
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u.s. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to 
Section 203(b)( I )(A) of the Immigration and Nationality Act, 8 U .S.c. § IIS3(b)( 1 )(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. Please note that all documents 
have been returned to the office that originally decided your case. Please also note that any further 
inquiry must be made to that office. 
T'/lank you, , 
*' Perry Rhew 
.f) Chief, Administrative Appeals Office 
\\,·W\\-·.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant 
visa petition, The matter is now before the Administrative Appeals Office (AAO) on appeal. 
The appeal will be rejected. 
The petitioner is a sculpture studio. 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. § I 1 53(b)(l)(A), a'i an alien of extraordinary ability. The director determined 
the petitioner had not established that the beneficiary has the requisite extraordinary ability 
through extensive documentation and sustained national or international acclaim. 
The regulation at 8 C.F.R. § 103.3(a)(2) provides, in pertinent part: 
(v) Improper/y.tlled appeal-
(A) Appealfiled by person or entity not entitled to .tile it-
(I) Rejection without refund (~rtlling 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. 
(2) Appeal by attorney or representative without proper 
Form G-28-
(i) General. If an appeal is filed by an 
attorney or representative without a properly 
executed Notice of Entry of Appearance as 
Attorney or Representative (Form G-28) entitling 
that person to file the appeal, the appeal is 
considered improperly filed. In such a case, any 
filing fee the Service has accepted will not be 
refunded regardless of the action taken. 
The regulation at 8 C.F.R. § 103.2(a)(I) states, in pertinent part: 
Preparation and submission. Every benefit request or other document submitted to 
DHS must be executed and filed in accordance with the form instructions, 
notwithstanding any provision of 8 CFR chapter 1 to the contrary, and such 
instructions are incorporated into the regulations requiring its submission. 
The instructions for the Form I-290B, Notice of Appeal or Motion, advise the appellant that: 
If you wish, you may be represented at no expense to the U.S. Government by an 
attorney or other duly authorized representative. Your attorney or representative 
Page 3 
must submit a Fonn G-28 with the appeal or motion. If the appeal or motion is filed 
without a properly executed Fonn G-28, it will be dismissed or rejected. 
The regulation at 8 C.F.R. § 1.2 provides: 
Attorney means any person who is eligible to practice law in, and is a member in 
good standing of the bar of, the highest court of any State, possession, territory, or 
Commonwealth of the United States, or of the District of Columbia, and is not 
under any order suspending, enjoining, restraining, disbarring, or otherwise 
restricting him or her in the practice of law. 
Finally, the regulation at 8 c.F.R. § 103.3(a)(1)(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and §§ 103.4 and 103.5 
of this part, (!ffected 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 G-28 submitted on appeal was signed by AprilS, 
2011. The record of proceedings indicates that Mr. also filed the appeal in this 
case. Specifically, he signed the Form I-290B on AprilS, 2011. The 
Form G-28 indicates that Mr._is an attorney in good standing in Washington, DC. 
According to the District of C~ar, http://www.dcbar.org/find a mcmberlindex.cfm, 
however, his current status is "Inactive."j The District of Columbia Bar membership records 
indicate that voluntarily changed his status to inactive as of June 17, 2008. 
Only an affected party, a person or entity with legal standing, may file an appeal of an 
unfavorable decision. In this matter, the Fonn I-290B was signed by Mr._. However, 
as Mr._ was not eligible to practice law in Washington, DC and was not a member in 
good standing of the bar of the District of Columbia at the time of filing the appeal on April 
7, 2011, he cannot be considered as the petitioner's legal representative. Accordingly, the 
appeal has not been filed by the petitioner or by any entity with legal standing in the proceeding. 
Therefore, the appeal has not been properly filed and must be rejected. 
ORDER: The appeal is rejected. 
I See http://vv'w\.~ .... dchar.()rg/find a mcmberlrc_ljults.cfm, accessed on June 6. 2012, copy incorporated into the 
record of proceedings.