dismissed EB-3 Case: Culinary

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PUBLIC copy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
.+y 
PETITION: Immigrant petition for Alien Worker as a Skilled Worker or Professional pursuant to section 
203(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 
 1153(b)(3) 
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. 
Administrative Appeals Office 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter 
is now before the Administrative Appeals Office (AAO). The appeal will be rejected pursuant to 8 C.F.R. 
6 103.3(a)(2)(v)(A). 
The petitioner is a restaurant and seeks to employ the beneficiary as a foreign food specialty cook. On 
October 11, 2004 the director denied the petition finding that the petitioner did not establish its continuing 
ability to pay the proffered wage from the priority date to the present. 
The Form I-290B, Notice of appeal to the AAO, dated November 3, 2004 and signed by s the 
:::;- 
as filed with Texas Service Center on November 9,2004. The record of proceeding shows 
s the beneficiary of the instant visa petition. Citizenship and Immigration Services' (CIS) 
regu atlons speci lcally prohibit a beneficiary of a visa petition, or a representative acting on a beneficiary's 
behalf, from filing an appeal. 8 C.F.R. 6 103.3(a)(l)(iii)(B). As the appeal was not properly filed, it will be 
rejected. 8 C.F.R. 6 103.3(a)(2)(v)(A)(l). 
The record of proceeding contains a properly executed Form G-28 signed by the petitioner's representative and 
the attorney in record. A copy of this decision will be provided to the petitioner's last known counsel of record. 
As the appeal was improperly filed, the appeal must be rejected. 
ORDER: The appeal is rejected.