dismissed EB-1B Case: Biology

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
PETITION: 
 Immigrant Petition for Alien Worker as Outstanding Professor or Researcher Pursuant to 
Section 203(b)(l)(B) of the Immigration and Nationality Act, 8 U.S.C. 
 1153(b)(l)(B) 
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. 
4- i\x.J . 
/ Robert P. Wiemann, Ch~ef 
Administrative Appeals Office 
DISCUSSION: The Director, California Service Center, denied the employment-based immigrant 
visa petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be rejected. 
The petitioner lists its type of business as "education." The record reflects that the petitioner is an 
advanced college prep high school for gifted students. It seeks to classify the beneficiary as an 
outstanding professor pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 5 1153(b)(l)(B). The petitioner seeks to employ the beneficiary permanently in the 
United States as a bbbiology instructor." The director determined that the petitioner had not established 
that it is a qualifying employer or that the beneficiary is recognized internationally as outstanding in an 
academic field, as required for classification as an outstanding professor. The director did not request 
the actual job offer or inquire as to whether the beneficiary's teaching position was a tenure or tenure 
track position. 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are 
aliens described in any of the following subparagraphs (A) through (C): 
(B) Outstanding Professors and Researchers. -- An alien is described in this 
subparagraph if -- 
(i) the alien is recognized internationally as outstanding in a specific 
academic area, 
(ii) the alien has at least 3 years of experience in teaching or research in the 
academic area, and 
(iii) the alien seeks to enter the United States -- 
(I) 
 for a tenured position (or tenure-track position) within a 
university or institution of higher education' to teach in the 
academic area, 
(11) 
 for a comparable position with a university or institution of 
higher education to conduct research in the area, or 
I 
 See 20 U.S.C. 9 1001 for Congress' definition of an "institution of higher education." 
(III) for a comparable position to conduct research in the area 
with a department, division, or institute of a private employer, if 
the department, division, or institute employs at least 3 persons 
hll-time in research activities and has achieved documented 
accomplishments in an academic field. 
The regulation at 8 C.F.R. 5 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and sections 103.4 and 
103.5 of this part, affectedparty (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. 5 103.3(a)(2)(v) states: 
ImproperlyJiled appeal -- (A) Appeal Bled by person or entity not entitled to file it -- (1) 
Rejection without refund 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 
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's attorney. Therefore, the appeal has not been properly filed, and must be 
rejected. 
Furthermore, even if the beneficiary's counsel also represented the petitioner, not apparent in this 
matter, the appeal would be rejected as untimely filed. In order to properly file an appeal, the 
regulation at 8 C.F.R. €j 103.3(a)(2)(i) provides that the affected party must file the complete appeal 
with the office where the unfavorable decision being appealed was made within 30 days of service of 
the unfavorable decision. If the decision was mailed, the appeal must be filed within 33 days. See 
8 C.F.R. 5 103.5a(b). 
The record indicates that the director issued the decision on June 6, 2006. The director advised that 
any appeal must be filed "with this office" and properly gave notice to the petitioner that it had 33 
days to file the appeal. 
In addition, the regulation at 8 C.F.R. fj 103.2(a)(l) provides that all appeals must be filed in 
accordance with the instructions on the form, including the place of filing. The instructions to the 
Form I-290B, Notice of Appeal to the Administrative Appeals Office, provide that appeals must be 
filed with the office that issued the unfavorable decision. The first numbered instruction emphasizes 
that appeals should not be sent directly to the AAO. 
Although the beneficiary's counsel dated the appeal June 30, 2006, the appeal was initially 
improperly filed with the AAO, not the office that made the unfavorable decision being appealed. 
The director received the appeal on July 11, 2006, a Tuesday, 35 days after the decision was issued. 
Accordingly, the appeal was untimely filed. 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.