dismissed EB-1C Case: Restaurant

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
LIN 05 217 51628 
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. 5 1153(b)(l)(C) 
IN BEHALF OF BENEFICIARY: 
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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected 
pursuant to 8 C.F.R. § 103.3(a)(2)(v)(A)(l). 
The petitioner is a Kansas corporation which allegedly operates a restaurant. The petitioner endeavored to 
classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(C) of the Act as a 
multinational executive or manager. On November 14,2005, the director denied the petition aRer concluding 
that the petitioner failed to establish that it has the ability to pay the beneficiary the proffered wage of 
$1,354.00 per week. 
The Form G-28, Entry of Appearance as Attorney or Representative, dated November 30, 2005 and which 
was submitted with the current appeal, was signed by the beneficiary using his home address, not by an 
authorized representative of the petitioner and not on behalf of the petitioner. Therefore, the attorney 
identified in the Form G-28 is counsel to the beneficiary, not counsel to the petitioner. In addition, the Form 
I-290B that was submitted in response to the November 14, 2005 decision was signed and filed by the 
attorney identified in the above Form G-28 on behalf of the beneficiary. It is noted that the entire record of 
proceeding fails to contain a Form G-28 appointing the attorney who signed the Form I-290B as counsel to 
the petitioner. 
Citizenship and Immigration Services regulations specifically prohibit a beneficiary of a visa petition, or a 
representative acting on a beneficiary's behalf, from filing a petition; the beneficiary of a visa petition is not a 
recognized party in a proceeding. 8 C.F.R. 
 103.2(a)(3). As the beneficiary and his representative are not 
recognized parties, counsel is not authorized to file an appeal. 8 C.F.R. 
 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it must be rejected. 8 C.F.R. 
 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected.