dismissed EB-2 NIW Case: Unknown

(b)(6)
DATE: 
M~R 21·2013 
IN RE: Petitioner: 
Beneficiary: 
. ; 
Office: TEXAS SERVICE CENTER . 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachus eus Ave., N. W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services . 
FILE: 
·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 § 1153.(b)(2) · 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documcnls 
related ·to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office . 
Thank-you, 
(~ · 
~nbergp-
f..cting Chief, Administrative Appeals Office 
www.ilscis.gov 
(b)(6)
Page 2 
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. · 
The regulation at 8 C.F.R. § 103.3(a)(2) provides, in pertinent part: 
(v)Improperly filed appeal-
(A) Appeal filed by person or entity not entitled to file it-
(1) Rejection without refund of filing fee. ·An appeal filed by a 
person or entity not entitled to file it must be rejected as 
improperly filed. Iri such a case, any filing fee the Service has 
accepted will not be refunded. 
(2) Appeal by attorney or representative without proper Form 
G-28- . . 
(i) General. If an appeal is filed by an attorney 
ot 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 iplproperly filed. In such a 
case, any filing fee the Service has accepted will not 
be refunded regardless of the action taken. 
(ii) When favorable action warranted . ... 
(iii) When favorable action not warranted. If the 
reviewing official decides favorable action is not 
warranted with respect to an otherwise properly filed 
·appeal, that official shall ask the a'ttorney or 
representative to submit Forin G-28 directly to the 
[AAO]. The official shall also forward the appeal 
and the relating record of proceeding to the [ AAO]. 
The appeal may be Considered properly filed as of its 
original ftling date if the attorney or representative 
submits a properly executed Form G-28 entitlii;Ig that 
person to· file the appeal. 
(b)(6)
Page 3 
The regulation at 8 C.F.R. § 103.2(a)(l) provides: 
General. Every application, petition, appeal, motion, request, or other document 
submitted on the form prescribed by this chapter shall be executed and filed in 
accordance with the instructions on the form, such instructions (including where an 
application or petition should be filed) being hereby incorporated into the particular 
section of the regulations in this chapter requiring its submission . 
The instructions fqr the Form 1 ~ 290B, Notice of Appeal or Motion, advise the appellant that: 
If you wish, you may be represented at no expense to the U.S. Government by an 
attorney or other duly authorized representative. Yourattorney or representative must 
submit a Form G-28 with the ·appeal or motion. If the appeal or motion is filed without a 
properly executed Form G-28, it will be dismissed or rejected. 
Additionally, the regulation at 8 C.F.R. § 292.4(a) provides that: 
An appearance must be filed on the appropriate form as prescribed by DHS [Department 
of Homeland Security] by the attorney or accredited representative appearing in each 
case. The form must be properly completed and signed by the petitioner, applicant , or 
respondent to authorize representation in order for the appeara.nce to be recognized by 
DHS. The appearance will be recognized by the specific immigration component of 
DHS in which it was filed until the conclusion of the matter for which it was entered. 
This does not change the requirement that a new form must be filed with an appeal filed 
with the Administrative Appeals Office of USCIS. [Emphasis added] 
Similarly, the instructions for the Form G-28, Notice of Entry of Appearance as Attorney or 
Accredited Representative state, in pertinent part: 
This does not change the requirement that a new Form G-28 must be filed with the 
Administrative Appeals Office when filing an appeal to that office on Form I-290B, 
Notice of Appeal or Motion. 
Finally, the regulation at 8 C.F.R. § 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of affected party. For purposes of this section and §§ 103.4 and 103.5 of 
this part, affected party (in addition to the Service) means the person or entity with legal 
standing in a proceeding. It does not include the beneficiary of a visa petition. 
Only an affected party or a person or 
entity with legal standing may file an ap al of an unfavorable 
decision. Form I-290B is signed by · However, Mr. 1 did not submit a 
new Form G-28 with the appeal authorizing him to act on behalf of the petitioner. Instead, Mr. 
submitted a copy of a previously submitted Form G-28. 
(b)(6)Page 4 
By fax on December 26, 2012, the AAO requested Mr. to submit a new and properly 
executed Form G-28, in accorda~ce with the instructions for Fonn I-290B, and the regulation at 8 
C.F.R. § 292.4(a). Therequest was transmitted to the fax number listed on counsel's letterhead and 
advised Mr. to submit the properly executed Fotm G-28 to the AAO within 15 calendar 
days. Mr. failed to respond to the AAO's request. 
r. 
As Mr. has failed to provide a properly executed Fonn G-28 authorizing him to act on 
behalf of the petitioner in the appellate stage of this proceeding, he cannot be considered as the 
petitioner's legal representative. Accordingly, the appeal has not been filed by the petitioner or by 
any entity with legal standing in the proceeding. Therefore, the appeal has not been properly filed 
and must be rejected. · 
ORDER: The appeal is rejected.