dismissed EB-1A Case: Unknown

(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: MAY 1 7 2013 OFFICE: NEBRASKA SERVICE CENTER FILE: 
INRE: 
PETITION: 
Petitioner: 
Beneficiary: 
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. § 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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 office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
t%-(~ 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
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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)(l)(A) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(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 his sustained national 
or international acclaim. 
The regulation at 8 C.F.R. § 103.3(a)(2) provides, in pertinent part: 
(v) Improperly filed appeal-
(A) Appeal filed by person or entity not entitled to file it-
(1) Rejection without refund of filing 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. 
(2) Appeal by attorney or representative without proper Farm 
G-28-
(i) General. H 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 favorable action warranted . ... 
(iii) When favorable action not warranted. H 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 
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and the relating record of proceeding to the [AAO]. 
The appeal may be considered properly filed as of its 
original filing date if the attorney or representative 
submits a properly executed Form G-28 entitling that 
person to file the appeal. 
The regulation at 8 C.P.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 filed 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 I-290B, 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.P.R. § 292.4(a), as well as the instructions to the Form G-28, 
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 component of 
DHS in which it was filed until the conclusion of the matter for which it was entered. 
This does not change the requirement that a new form must be filed with an appeal filed 
with the Administrative Appeals Office of USC IS. [emphasis added] 
Finally, the regulation at 8 C.P.R. § 103.3(a)(1)(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and §§ 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. 
Only an affected party, a person or entity with legal standing, may file an appeal of an unfavorable 
decision. Form I-290B is signed by reflecting a date of June 12, 2012. 
However, did not submit a new Form G-28 with the appeal authorizing him 
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to act on behalf of the petitioner. Instead, 
submitted Form G-28. 
--- ------------ . 
submitted a copy of a previously 
By fax on April 2, 2013, the AAO requested to submit a new and duly 
executed Form G-28, including the correct mailing address for the petitioner, in accordance with the 
instructions 
for Form I-290B and Form G-28, and the regulation at 8 C.F.R. § 292.4(a). The request 
was transmitted to the fax number listed on Form I-290B and on counsel's letterhead, and advised 
to suhmit the nronerlv executed Form G-28 to the AAO within 10 calendar 
days. On April 15, 2013, by fax, re-submitted a copy of the Form G-28 that 
accompanied the 1-140 petition filed on February 24, 2011, which is already part of the record. As 
failed to file a new Form G-28 to accompany the appeal on behalf of the 
petitioner, he has failed to comply with the AAO's request. 
As · has failed to provide a properly executed Form G-28 authorizing him to 
act on behalf of the petitioner in the appellate stage of this proceeding, he 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 the proceeding. Therefore, the appeal has not been properly 
filed and must be rejected. 
ORDER: The appeal is rejected.