dismissed EB-3 Case: Mechanical Maintenance

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
U.S. Department of Ifomeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: WAC-02-068-5 1869 Office: CALIFORNIA SERVICE CENTER Date: HAY 0 9 2006 
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. 9 1153(b)(3) 
ON BEHALF OF PETITIONER: 
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 
Cc: Randy Alexander, Esq., 206 E. Mission Boulevard, Pomona, CA 91766 
WAC-02-068-5 1869 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, California Service Center, and the 
subsequent appeal was dismissed by the Administrative Appeals Office (AAO). The matter is now before the 
AAO again on motion to reopen or reconsider. The motion will be rejected. 
The petitioner is a packaging company and seeks to employ the beneficiary as a maintenance mechanic. The 
director denied the petition finding that fraudulent documents were submitted in support of the requirement of 
two (2) years of experience. On the subsequent appeal, the AAO concurred with the director's finding and 
also found that the petitioner did not establish its continuing ability to pay the proffered wage from the 
priority date to the present. The AAO dismissed the appeal on December 17,2003. 
The instant motion was filed on May 12, 2003 through new counsel. The Form G-28, Entry of Appearance as 
Attorney or Representative, submitted in conjunction with the Form 1-290B, indicates that the beneficiary 
retained this counsel to file ths motion. Counsel states on the Form I-290B that he represents the beneficiary. 
Citizenship and Immigration Services' (CIS) regulations specifically prohibit a beneficiary of a visa petition, or a 
representative acting on a beneficiary's behalf, from filing an appeal. 8 C.F.R. tj 103.3(a)(l)(iii)(B). As the 
motion was not properly filed, it will be rejected. 8 C.F.R. 9 103.3(a)(2)(v)(A)(l). 
The record of proceeding contains a properly executed Form G-28 signed by the petitioner's representative and an 
attorney different than counsel filing the instant motion. Since it is uncertain whether or not the petitioner 
obtained new counsel, a copy of this decision will be provided to the petitioner's last known counsel of record. A 
courtesy copy will also be provided to the beneficiary's counsel. 
ORDER: 
 The motion is rejected as improperly filed.