dismissed EB-1B Case: Higher Education

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: m Office: CALIFORNIA SERVICE CENTER Date: *%f' 0 8 20~5 
WAC 03 208 50254 
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. 
u (& Robert P. Wiemann, Director 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, California Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be rejected. 
The petitioner is an institution of higher education. 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. 
$ 1153(b)(l)(B). The petitioner seeks to employ the beneficiary permanently in the United States as a tenure- 
track professor. 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 or 
that he has three years of experience. 
The regulation at 8 C.F.R. 8 103.3(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. Q; 103.3(a)(2)(v) states: 
Improperly filed appeal -- (A) Appeal filed 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 the beneficiary. Therefore, the appeal has not been properly filed, and must be rejected. 
While the appeal must be rejected, this office will note that the director's decision does not appear to have been 
properly issued to the petitioner. Rather, it was addressed to the beneficiary, who did not self-petition in this 
matter, and the beneficiary's counsel. Under the circumstances, it would be appropriate for the director to 
reissue the decision to the petitioner in order to secure the petitioner's appellate rights. 
ORDER: The appeal is rejected.