dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was rejected because it was not filed by the petitioner or an authorized representative. The individual who filed the appeal was found not to be an attorney or an accredited representative and failed to respond to a notice requesting clarification of their standing.
Criteria Discussed
Improper Filing By An Unauthorized Representative
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iwfjlbg data deleted to US. Department of Homeland Security U.S. Citizenship and Immigration Services e1earIy Unwarranted Office ofAdministrative Appeals, MS 2090 Washington, DC 20529-2090 ofvnal privacy U.S. Citizenship and Immigration PUBLIC COPY SRC 07 230 51167 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. \19hn F. Grissorn Chief, Administrative 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 seeks classification 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 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. The appeal was filed by - who submitted a Form G-28, Notice of Entry of Appearance as Attorney or Representative signed by the petitioner. indicated that he is an accredited representative of a religious, charitable, social service or similar organization established in the United States and which is recognized by the Board of Immigration Appeals (BIA). The regulation at 8 C.F.R. 5 1.1 (0 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. $ 292.1 (a)(4) defines an accredited representative as a person representing an organization described in 8 C.F.R. 5 292.2 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 July 28, 2009, this office issued a notice to quoting the above regulations and advising that, according to 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://www.usdoi.aov/eoir/statuspub/recoanitionaccreditatiomoster.pdf, he was not an attorney or an accredited representative of & 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 improperly filed. A copy of this letter was sent to thepetitioner. 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)(Z). ORDER: The appeal is rejected.
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