dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was rejected on procedural grounds because it was improperly filed. The regulations state that the beneficiary of a visa petition is not an 'affected party' with legal standing to file an appeal. As the appeal was not filed by the petitioner, it was rejected.
Criteria Discussed
Legal Standing To Appeal
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 washington, DC 20529 rdemW*g data deleted do prevent elearly unnarrqntd U. S. Citizenship and Immigration File: Office: TEXAS SERVICE CENTER Date: SRC 03 238 52732 FEB 2 B 2006 Petition: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. $ 1153(b)(l)(C) ON BEHALF OF PETITIONER: %. COURTESY COPY TO: 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. P. Wiemann, Director Administrative Appeals Office DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. In order to properly file an appeal, the regulation at 8 C.F.R. 5 103.3(a)(2)(i) provides that the affected party must file the complete appeal within 30 days of service of the unfavorable decision. In accordance with 8 C.F.R. 9 103.2(a)(7)(i), an application received in a Citizenship and Immigration Services (CIS) office shall be stamped to show the time and date of actual receipt, if it is properly signed, executed, and accompanied by the correct fee. In accordance with 8 C.F.R 5 103.3(a)(l)(iii)(B), "affected party" means (in addition to the Service) the person or entity with legal standing in a proceeding. It does not include the beneficiary of a visa petition. In this matter the record contains a Form I-290B signed by an attorney whose Form G-28, Notice of Entry of Appearance as Attorney or Representative, does not indicate that he is representing an affected party. Inasmuch as neither the beneficiary nor her representative has standing to file an appeal in this matter, the appeal must be rejected as improperly filed. 8 C.F.R. 5 103.3(a)(2)(v)(A)(l). Of note, a petitioner cannot alter its standing or offer a new position to the beneficiary, or materially change a position's title, its level of authority within the organizational hierarchy, or the associated job responsibilities on appeal. A petitioner may not make material changes to a petition in an effort to make a deficient petition conform to CIS requirements. See Matter of Izummi, 22 I&N Dec. 169, 176 (Assoc. Cornrn. 1998). The proper recourse in this matter is to submit a new petition identifying the actual petitioner. ORDER: The appeal is rejected.
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