dismissed EB-1B Case: Education

identifying data deleted to 
prevent clearly unwmmted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of .Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
n 
PETITION: 
 Imrmgrant 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. 5 1 153(b)(l)(B) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Adrmnistrative 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. 
/tll~.ci/' OP d7 CAC 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office on appeal. The appeal will be 
rejected. 
The petitioner is a state university. It seeks to classify the beneficiary as an outstanding professor or 
researcher pursuant to section 203(b)(l)(B) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
5 1 153(b)(l)(B). According to the Form 1-140, Part 6, the petitioner seeks to employ the beneficiary in 
the United States as a "Lecturer 11," which would appear to be a teaching position. The director 
determined that the petitioner had not established that it had offered the beneficiary a permanent job as 
of the date of filing. 
On appeal, the beneficiary's representative relies on a memorandum that addresses the definition of 
permanent as it relates to "research" positions but does not purport to eliminate the regulatory 
requirement that a petition under the classification sought be supported by a job offer. The 
representative also asserts that the director erred in failing to consider a letter dated after the petition 
was filed purporting to confirm an unspecified position. 
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, 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. 
The regulation at 8 C.F.R. 5 1 03.3(a)(2)(v) states: 
Improperlyfiled appeal -- (A) Appealfiled by person or entity not entitled to file 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 a representative of the beneficiary. Therefore, the appeal has not been properly filed, and 
must be rejected. 
ORDER: The appeal is rejected.