dismissed EB-2 NIW Case: Unknown

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U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
OfBce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. 9 1 153(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). 
>erry Rhew u - 
Chief, Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be rejected as improperly filed. 
The petitioner seeks to classifjr the beneficiary pursuant to section 203(b)(2) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 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 found that the petitioner had 
not established that the beneficiary qualifies for classification as an alien of exceptional ability or 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. 5 103.3(a)(2)(v) states: 
Improperly filed appeal -- (A) Appeal filed by person or entity not entitled to file it -- (1) 
Rejection without refund ofjlingfee. 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 rehnded. 
The regulation at 8 C.F.R. 5 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of affectedparty. For purposes of this section and sections 103.4 and 103.5 
of this part, affectedparty (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 appeal has not been filed by the petitioner, nor 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. 
Moreover, as the petitioner appears to be deceased, hrther action on the petition cannot be pursued.' 
ORDER: The appeal is rejected. 
' An obituary published in the Floridu 7i.rnes-Onion on December 10, 2008 states that .- died on 
accessed on April 22,20 10, copy incorporated into the record of proceeding.