dismissed
EB-1A
dismissed EB-1A Case: Unknown
Decision Summary
The appeal was rejected on procedural grounds because it was not filed by a party with legal standing. The appeal was filed by the beneficiary, but under 8 C.F.R. ยง 103.3(a), the beneficiary of a visa petition is not considered an affected party and is not entitled to file an appeal.
Criteria Discussed
Not specified
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US. Department of IIomeland Security 20 Massachusetts Ave N.W., Rm. 3000 Wash~ngton, DC 20529-2090 fdenef@fng dets dl?Wm U. S. Citizenship prevent c! esrl y tln wanantet and Immigration invasion ofpem~B pnvac) TEXAS SERVICE CENTER Date: JAN 2 2 2009 SRC 07 11 1 53013 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. 3 1153(b)(l)(A) ON BEHALF OF PETITIONER: 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. 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 (AAO) on appeal. The appeal will be rejected. 8 C.F.R. 5 103.3(a)(l)(iii)(B) states that, for purposes of appeals, certifications, and reopening or reconsideration, the aflected party (in addition to United States Citizenship and Immigration Services [USCIS]) means the person or entity with legal standing in a proceeding. It does not include the beneficiary of a visa petition. 8 C.F.R. 103.3(a)(Z)(v)(A)(l) states that 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 USCIS has accepted will not be refunded. The appeal has not been filed by the petitioner, nor by any entity with legal standing in the proceeding, but rather by the beneficiary through his attorney. Therefore, the appeal has not been properly filed, and must be rejected. ORDER: The appeal is rejected.
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