dismissed EB-1C

dismissed EB-1C Case: Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Management

Decision Summary

The appeal was rejected as improperly filed. The appeal was signed by an individual claiming to be the petitioner's attorney, but the attorney of record had passed away. The new representative failed to submit a properly executed Form G-28 to establish their authority to represent the petitioner, rendering the appeal invalid.

Criteria Discussed

Improper Filing Of Appeal Lack Of Form G-28

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PUBLIC COPY 
identifving data deleted to 
pmvent dear& unwmted 
invasion of penma1 privsy 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: - Office: NEBRASKA SERVICE CENTER Date: NOV 0 1 2007 
LIN 06 162 50079 
8, 
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. ยง 1153(b)(l)(C) 
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 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the ~dminidtrative Appeals Office (AAO) on appeal. The appeal will be rejected as 
improperly filed. 
The regulation at 8 C.F.R. 5 103.3(a)(2)(v)(A)(2) states in part the following: 
If an appeal is filed by an attorney or representative without a properly executed Notice of 
Entry of Appearance as Attorney or Representative (Form G-28) entitling that person to file 
the appeal, the appeal is considered improperly filed. 
In the instant matter, a Form G-28 was filed on behalf of the petitioner by 
Form I-290B, Notice of Appeal to the AAO was filed on November 22,2006 indicating that 
and Associates continued to represent the petitioner, the record shows that Mr.- died on June 1,2006 
and, therefore, could not have filed the appeal on the petitioner's behalf. Furthermore, the signature on the 
petitioner's Form I-290B was not that of Mr. , but rather was that of I] 
The record does not contain a Form G-28 showing that Mr. 
 is authorized to undertake 
representation on the petitioner's behalf. The requirement for the submission of a Form G-28 is expressly 
stated in the regulations and is also referenced in the Form 1-140 itself. In a letter dated September 5, 2007, 
the AAO requested that a properly executed Form G-28 be submitted in order to establish legal representation 
of the petitioner in the present matter. Although Mr. 
 responded with correspondence dated 
September 24, 2007, stating that the petitioner filed the appeal pro se, the Form I-290B was not signed by the 
petitioner, but rather was signed by someone claiming to represent the petitioner as its attorney. Therefore, a 
properly executed Form G-28 was required. 
As the petitioner failed to provide a properly executed Form G-28, the appeal will be rejected as improperly 
filed. 
ORDER: The appeal is rejected. 
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