dismissed EB-1A Case: Unknown

punucCOPY 
DATE: 
JUN 1 8 2012 
INRE: 
L 
Office: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachuselts Ave., N.W., MS 2090 
Washington, DC 20529-20QO 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b )(1 )(A) of the Immigration and Nationality Act, 8 U.S.c. § 1153(b )(1 )(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the Vermont Service Center. Please be advised that any further 
inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen with 
the Vermont Service Center by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 100.5(a)(I)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
#~ 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
• 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition on July 28, 2010. The petitioner appealed the decision with the Administrative Appeals 
Office (AAO) on August 9, 2010. The appeal will be rejected. 
On appeal, counsel has submitted a brief and additional evidence, some of which was already part of 
the record. Pursuant to the regulation at 8 C.F.R. § 292.4(a) as well as the instructions to the Form 1-
290B, counsel must file a new Form G-28, Notice of Entry of Appearance as Attorney or Accredited 
Representative, with any appeal filed on or after March 4, 2010. See 75 Fed. Reg. 5225 (Feb. 2, 
2010). Counsel, however, has failed to submit a new, updated Form G-28 with the appeal, filed on 
August 9, 2010. On May 3, 2012, the AAO sent a facsimile to counsel's office, requesting counsel 
to submit an updated Form G-28 within ten calendar days.l As of the date of this decision, more 
than a month later, the AAO has not received the requested updated Form G-28. Accordingly, the 
AAO rejects the instant appeal as improperly filed, under the regulation at 8 C.F.R. 
§ 103.3(a)(2)(v)(A)(2). 
In conclusion, the appeal was not filed with the required new Form G-28 and counsel did not remedy 
that deficiency upon request. Accordingly, the appeal must be rejected as improperly filed under the 
regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(2). 
ORDER: The appeal is rejected. 
1 Both the facsimile transmission and the facsimile send result report, dated May 3, 2012, have been made part of the 
record of proceedings.