dismissed EB-2 NIW Case: Database Design

identifling &a dekted to 
prevent clearly unwarranted 
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
hvasion of personal privacy 
 U. S. Citizenship 
and Immigration 
-mw- 
PETITION: 
 Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1 153(b)(2) 
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. 
&DL@) *$" Cv 
r. Jo . rissom, Acting Chief 
$rr~drninistrative Appeals Office 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will be 
rejected. 
The petitioner seeks to classify the beneficiary pursuant to section 203(b)(2) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 11 53(b)(2), as a member of the professions holding an advanced 
degree. The petitioner is a public university that seeks to employ the beneficiary as a research database 
design analyst. The petitioner asserts that an exemption from the requirement of a job offer, and thus of 
a labor certification, is in the national interest of the United States. The director found that the 
beneficiary qualifies for classification as a member of the professions holding an advanced degree, but 
that the petitioner has not established that an exemption from the requirement of a job offer would be in 
the national interest of the United States. 
8 C.F.R. 5 103.3(a)(l)(iii)(B) states that, for purposes of appeals, certifications, and reopening or 
reconsideration, affected party (in addition to U.S. Citizenship and Immigration Services [USCIS]) 
means the person or entity with legal standing in a proceeding. It does not include the beneficiary of a 
visa petition. 
8 C.F.R. 5 103.3(a)(2)(v)(A)(l) states that 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 USCIS has accepted will not be refbnded. 
The appeal has not been filed by the petitioner, or 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. 
ORDER: The appeal is rejected.