dismissed EB-1B Case: Health Research

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Imigratiorl 
FILE: SRC 03 036 55890 Office: TEXAS SERVICE CENTER Date: . a Is( L 
PETITION: Immigrant Petition for Alien Worker as outsfanding 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. 
-- 
%dbert P. Wiemann, Director 
Administrative Appeals Office 
SRC 03 036 55890 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texa:; Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be rejected. 
The petitioner is a state department of health, which 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. 
4 1153(b)(l)(B). 
The regulation at 8 C.F.R. tj 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, afectedparty (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: 
Improperly filed appeal -- (A) Appeal filed by person or entity not entitled to file it -- (l) 
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 through his counsel.' Therefore, the appeal has not been properly filed, ancl must be 
rejected. 
ORDER: The appeal is rejected. 
1 
While the beneficiary's counsel claims to represent the petitioner on the Form I-290B, the record contains 
three Forms G-28, Notice of Entry of Appearance of Attorney or Representative, all signed by the 
beneficiary. The record does not contain a Form G-28 signed by the petitioner or even a Form G-28 that lists 
the petitioner as the represented party but is not properly filed (signed).