dismissed
EB-1C
dismissed EB-1C Case: Multinational Management
Decision Summary
The appeal was rejected because it was improperly filed by counsel. The submitted Form G-28 was not properly executed, as the signature of the person consenting on behalf of the petitioner did not match the printed name. Counsel failed to submit a corrected form when requested, leading to the rejection of the appeal.
Criteria Discussed
Improperly Filed Appeal (Form G-28)
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dew to &ati@"urg- warraatsd pvent clearly un hvmion of persod privsY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration EAC 05 221 53018 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. 4 1153(b)(l)(C) ON BEHALF OF PETITIONER: 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. Robe eF= . Wiemann, Chief Administrative Appeals Office DISCUSSION: The preference visa petition was denied by the Director, Vermont Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as improperly filed. The regulation at 8 C.F.R. ยง 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 present matter, counsel claimed to file an appeal on behalf of the petitioner and submitted a Form G-28, Notice of Entry of Appearance as Attorney or Representative. However, the Form G-28 was improperly A. a- 7 executed. sp&.5fically, the Form G-28 ibentified as the person consenting to counsel's representation on behalf of the petitioner, the affected party in this proceeding. See 8 C.F.R. 5 103,3(a)(l)(iii)(~). However, the signature of the person consenting is that of the beneficiary, not Tarnam Altari. As the signature of the person consenting on behalf of the petitioner does not match the printed name of the person consenting, the Form G-28 cannot be deemed properly executed and, therefore, vests no right in the attorney to file an appeal on behalf of the petitioner. Accordingly, the AAO sent counsel a facsimile notifying him that a properly executed Form G-28, signed by counsel and the consenting affected party, must be submitted to the AAO within five business days. However, counsel failed to respond to this request. As such, the AAO concludes that the appeal was improperly filed and must be rejected pursuant to 8 C.F.R. ยง 103.3(a)(2)(v)(A)(I), which calls for rejection of an improperly filed appeal, where the person filing it is not entitled to do so. ORDER: The appeal is rejected.
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