dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was rejected because it was not filed by the petitioner, who is the person or entity with legal standing in the proceeding. The appeal was filed by counsel for the beneficiary, who is not considered an 'affected party' and is not entitled to file an appeal under the regulations.
Criteria Discussed
Improperly Filed Appeal Standing To Appeal
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identifying data dekted to U.S. Department of Homeland Security prevent cleady ufiwananted U.S. Citizenship and Immigration Services invasim of pers~nal privacy O!$ce 0fAdministrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services FILE: LIN 06 161 53869 Office: NEBRASKA SERVICE CENTER Date: APR 2 9 2009 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. 5 1153(b)(l)(A) 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. V ?john F. Grissorn Acting Chief, Administrative Appeals Office ' LIN 06 161 53869 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska Service Center. The petition is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. The petitioner seeks classification of 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 11 53(b)(l)(A), as an alien of extraordinary ability. The director determined the petitioner had not established the beneficiary's sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. The regulation at 8 C.F.R. (i 103.3(a)(l)(iii) states, in pertinent part: (B) Meaning of affected party. For purposes of this section and (is 103.4 and 103.5 of this part, affected 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 regulation at 8 C.F.R. (i 103.3(a)(2)(v) states: Improperly fled appeal - (A) Appeal fled by person or entity not entitled to fle it - (I) Rejection without refund offling 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. Only an affected party, a person or entity with legal standing, may file an appeal of an unfavorable decision. It is noted that the only G-28, Notice of Entry of Appearance as Attorney or Representative, in the record of proceeding is on behalf of the beneficiary, and has been signed by the beneficiary and not by the petitioner. The appeal has not been filed by the petitioner or by any entity with legal standing in the proceeding, but rather, by counsel for the beneficiary. Therefore the appeal has not been properly filed and must be rejected. ORDER: The appeal is rejected.
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