dismissed EB-2 NIW Case: Unknown

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u.s.Department of Homeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
u.S.Citizenship
and Immigration
Services
FILE:
EAC 05 13753029
Office: VERMONT SERVICE CENTER Date: AUG, 28 2007
INRE: Petitioner:
Beneficiary:
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:
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.
~--~~~-
I
t- Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
Page 2
DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa petition,
which 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. § 1153(b)(2), as an alien of exceptional ability. The petitioner asserts that an exemption
from the requirement of a job offer, and thus of an alien employment certification, is in the national interest of
the United States. The director did not reach a conclusion as to whether the petitioner qualifies for classification
as an alien of exceptional ability, but concluded that the petitioner had not established that an exemption from
the requirement of a job offer would be in the national interest of the United States.
The regulation at 8 C.F.R. § 103.3(a)(l)(iii) states, in pertinent part:
(B) Meaning ofaffected party. For purposes of this section and sections 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.
The regulation at 8 C.F.R. § 103.3(a)(2)(v) states:
Improperly filed appeal -- (A) Appeal filed by person or entity not entitled to file it -- (1)
Rejection without refund offilingfee. 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 the Service has accepted will
not be refunded.
The appeal has not been filed by the petitioner, nor by any entity with legal standing in the proceeding, but
rather by an attorney.
The regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(2) provides, in pertinent part:
Appeal by attorney or representative without proper Form G-28 - (i) General. 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 such a case, any filing fee the Service has
accepted will not be refunded regardless of the action taken.
The Form G-28 in the record was not signed by the petitioner. On July 25,2007, this office advised the attorney
by facsimile that the record lacked a properly executed Form G-28 signed by the petitioner. Pursuant to the
regulation at 8 C.F.R. § 103.3(a)(2)(v)(A)(2), this office afforded the attorney 15 days in which to submit a
properly executed Form G-28. We advised that failure to respond could result in rejection of the appeal. As of
this date, more than four weeks later, this office has received no response. Therefore, the appeal has not been
properly filed, and must be rejected.
ORDER: The appeal is rejected.