dismissed EB-1A

dismissed EB-1A Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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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View Full Decision Text
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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