dismissed EB-1A Case: Unknown

identifYing data detet<;d to 
prevent c1ec ;·1y unwarranted 
invasion oipersonai privacy 
PtTBLTCCOPY 
U.S. I)cpartmcnt of Homeland S('curit~ 
U.S. Ci[ii'cn~hip and 1ll1Inigr:l1iull Sen'in", 
Administrative AplKals (HI il'c ('\.'\( J) 
2() Mass3t:husell .... Ihe ~,\A,' .. ~I\ ~()I)(I 
WashIngton, DC" 2()S29·2(}!J() 
us. Citizenship 
and Immigration 
Services 
DATE: SEP 11 2012 OFFICE: NEBRASKA SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as an Alien of Extraordinary Ahility I'u",uant to 
Section 203(h)(J)(A) Dr the Immigration and Nationality Act; R U.S.c. ~ 115.l(b)( I )(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
EnclDsed plcase find the decision of the Administrative Appeals Office in your case. All of the uocuments 
related to this matter have heen returned to the office that originallY decided your casc. Pll:asc be "d\'j<..;cd Ihili 
any further inljuiry that you might have concerning your case must be made to lhat otlicc. 
Thank yDU, 
~~rD~ 
Perry Rhew P'----
Chief. Adminislrative Appeals Orfice 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant 
visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be rejected. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 
203(b)(1)(A) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b)(1 )(A), as an 
alien of extraordinary ability. The director determined that the petitioner had not established the 
requisite extraordinary ability and failed to submit extensive documentation of her sustained 
national or international acclaim. 
The regulation at ~ C.F.R. § 103.3(a)(2) provides, in pertinent part: 
(v) improperiv filed appeai-
(A) Appea I filed by person or entity not entitled to file it-
(I) Rejecrioll without refimd offiling 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 hilS 
accepted will not be refunded. 
(2) Appeal hy attorney or representative without proper Form 
(; 2<'1-
(i) General. If an appeal is filed by an attorney 
or representative without a properly executed Notice 
of Entry of Appearance as Attorney or Representative 
(Form G-28) entitling that person to file the appeal, 
the appeal is considered improperly filed. In such a 
case, any filing fee the Service has accepted will not 
be refunded regardless of the action taken. 
(ii) When favorahle action warranted . ... 
(iii) When favorable action not warranted. If the 
reviewing official decides favorable action is not 
warranted with respect to an otherwise properly filed 
appeal, that official shall ask the attorney or 
representative to submit Form G-28 directly to the 
[AAO]. The official shall also forward the appeal 
and the relating record of proceeding to the [AAO]. 
The appeal may he considered properly filed as of its 
original filing date if the attorney or representative 
--Page 3 
submits a properly executed Form G-28 entitling that 
person to file the appeal. 
The regulation at 8 C.F.R. § 103.2(a)(1) provides: 
General. Every application, petition, appeal, motion, request, or other document 
submitted on the form prescribed by this chapter shall be executed and riled in 
accordance with the instructions on the form, such instructions (including where an 
application or petition should be filed) being hereby incorporated into the particular 
section of the regulations in this chapter requiring its submission. 
The instructions for the Form 1-29(JB, Notice of Appeal or Motion, advise the appellant that: 
If you wish, you may be represented at no expense to the U.S. Government by an 
attorney or other duly authorized representative. Your attorney or representative must 
submit a Form G-28 with the appeal or motion. If the appeal or motion is filed without a 
properly executed Form G-28, it will be dismissed or rejected. 
Additionally. the regulation at 8 c:.F.R. § 292.4(a) provides that: 
An appearance must be filed on the appropriate form as prescribed by DHS [Department 
of Homeland Security] by the attorney or accredited representative appearing in each 
case. The form must be properly completed and signed by the petitioner, applicant, or 
respondent to authorize representation in order for the appearance to be recognized by 
DHS. The appearance will be recognized by the specific immigration colll[lonent of 
DHS in which it was filed until the conclusion of the matter for which it was entered. 
This does not chanlie the requirement that a new form must be filed with an appealfilcd 
with the Administrative Appeals Office of USClS. [Emphasis added] 
Similarly. the instructions for the Form G-28, Notice of Entry of Appearance as Attorney or 
Accredited Representative state, in pertinent part: 
This docs not change the requirement that a new Form G-28 must be filed with the 
Administrative Appeals Office when filing an appeal to that office on Form 1-29()[3. 
Notice of Appeal or Motion. 
Finally, the regulation at 8 C.r-.R. § 103.3(a)(I)(iii) states, in pertinent part: 
(B) MeanillK of ajj(xted party. For purposes of this section and §§ 103.4 and 103.5 or 
this part. ajjected 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. 
Page 4 
Only an affectcd party, a person or standing, may file an appeal of an unfavorahle 
decision. Form 1-2908 is signed by However, did not submit a new 
Form G-28 with the appeal authorizing her to act on behalf of the petitioner. Instead, __ 
submitted a copy of a previously submitted Form G-28. 
By fax on August 1,2012, the AAO requested_to submit a new and properly executed 
Form G-28, in accordance with the instructions for Form 1-2908, and the regulation al 8 C.F.R. ~ 
292.4(a). The request was transmitted to the fax number listed on Form 1-290B and on counsel's 
letterhead, and advised_to submit the properly executed Form G-28 to the AAO within 
15 calendar days. failed to respond to the AAO's request. 
As has failed to provide a properly executed Form G-28 authorizing her 10 act on behal f 
of the petitioner in the appellate stage of this proceeding, she cannot be considered as the 
petitioner's legal representative. Accordingly, the appeal has not been filed by the petitioner or by 
any entity with legal standing in thc proceeding. Therefore, the appeal has not been propcrly filed 
and must be rejected. 
ORDER: The appeal is rejected.