dismissed EB-3 Case: Unknown

klenlifjfng dsh deleted to 
pvent cIlearly unwarranted 
invasion of permal privacy 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
TI 6 
IN RE: 
PETITION: 
 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. 5 1 153(b)(3) 
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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: 
 The employment-based immigrant visa petition was denied by the Director, Vermont 
Service Center, and 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)(3)f the Immigration and Nationality 
Act (the Act), 8 U.S.C. 9 11 53(b)(3), as a skilled worker1 professional. The director determined that approval 
of the petition was barred by the operation of section 204(c) of the Act, due to evidence obtained during the 
course of the adjudication of a previous 1-130 marriage based petition and accompanying 1-485 application 
for adjustment of status to permanent residence that the beneficiary had conspired to enter into a marriage for 
the purpose of evading immigration laws. 
The I-290B notice of appeal is signed b-who checked the block on the 1-2908 stating that he is 
an attorney or representative. He states that he represents the 1-140 petitioner and the beneficiary. The record 
G-28 Notice of Entry of Appearance as Attorney or Representative, signed by Mr. 
who is the individual who signed the 1-140 petition on behalf of 
The (3-28 form makes no claim that is an attorney or an accredited representative. On the G-28, 
the first three blocks for representative qualification category are left blank and under category 4 for "Other" 
the (3-28 states, "Paralegal, experienced in labor certification Processing." 
The name ofoes not appear on the most current list of accredited representatives published on 
the Internet web site of the Executive Office of Immigration Review and dated July 10, 2006. Nor does the 
statement in category 4 of the G-28 satisfy the requirements in 8 C.F.R. fj 292.1 for a person who is neither an 
attorney nor an accredited representative to serve as a representative. 
The regulation at 8 C.F.R. 9 103.3(a)(l)(iii)(B) states: 
Meaning of affectedparty. For purposes of this section and sections 103.4 and 103.5 of this 
part, affectedparty means the person or entity with legal standing in a proceeding. It does not 
include the beneficiary of a visa petition. An affected party may be represented by an 
attorney or representative in accordance with part 292 of this chapter. 
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-- (I) 
Rejection without refund ofJiling fee. 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 [that CIS] has accepted 
will not be refunded. 
In the instant case, the 
 eal and attached (3-28 fail to conform to the above provisions because no 
evidence indicates that 
 is authorized to act as a representative. 
Therefore, the appeal has not been properly filed and must be rejected. 
ORDER: The appeal is rejected.