dismissed EB-1B Case: Biomedical Research

FILE: 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Office: VERMONT SERVICE CENTER Date: SLP 8 2005 
IN RE: Petitioner: 
Beneficiary: 
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. 9: 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. 
' Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 
Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be rejected. 
The petitioner is a cancer research institute. It seeks to classify the beneficiary as an outstanding researcher 
pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 1 153(b)(l)(B). 
The petitioner seeks to employ the beneficiary in the United States as a biomedical research scientist. The 
director determined that the petitioner had not established that the beneficiary is recognized internationally as 
outstanding in his academic field, as required for classification as an outstanding researcher. 
The regulation at 8 C.F.R. 5 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of affectedparty. 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. $ 103.3(a)(2)(v) states: 
Improperly filed appeal -- (A) Appeal filed by person or entity not entitled to jile it -- (I) 
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.' Therefore, the appeal has not been properly filed, and must be rejected. 
ORDER: The appeal is rejected. 
I 
An attorney filed the instant appeal. The record contains two Forms G-28, Notice of Entry of Appearance, 
one signed by the beneficiary and the other listing the petitioner as a represented party, but unsigned. The 
regulation at 8 C.F.R. 9 292.4(a) provides, in pertinent part, that a "notice of appearance entered in 
application or petition proceedings must be signed by the applicant or petitioner to authorize representation 
in order for the appearance to be recognized by [Citizenship and Immigration Services]." On or about 
August 11, 2005, in accordance with the regulation at 8 C.F.R. $ 103.2(a)(2)(v)(A)(Z), this office advised 
beneficiary's counsel telephonically that the record lacked a properly filed Form G-28 signed by the 
petitioner. As of this date, more than the requisite 15 days later, beneficiary's counsel has failed to provide a 
properly filed G-28 signed by the petitioner. Thus, beneficiary's counsel does not represent the petitioner in 
these proceedings.