dismissed H-1B Case: Education

U.S. Department of Homeland Security 
20 Massachusetts Ave., NW, Rm. A3042 
Washington, DC 20539 
U. S. Citizenship 
and Immigration 
Services 
FILE: EAC 03 229 54829 Office: VERMONT SERVICE CENTER 
 Date: APR 1 :: ZUO~ 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 1 Ol(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(l5)(H)(i)(b) 
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, Director 
Administrative Appeals Office 
EAC 03 229 54829 
Page 2 
DISCUSSION: The service center director denied the nonimmigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner is a primary school that seeks to employ the beneficiary as a teacher. The petitioner endeavors 
to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 
10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 10 1 (a)(l S)(H)(i)(b). The 
director denied the petition on the basis that the proffered position did not meet the definition of a specialty 
occupation. 
of Primary Care Health Management Corporation, a nonprofit immigration service-provider 
organization, signed the Form I-290B and the Form G-28, Entry of Appearance as Attorney or representative, 
that was submitted in conjunction with the Form 1-129 petition. 
 The representative in this case is not 
authorized to file the appeal. 
The regulation at 8 C.F.R. 8 103.3(a)(l)(iii)(B) states that when an application or petition is denied, an affected 
person or entity with legal standing in a proceeding may file an appeal. The regulation states "[aln 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. 8 l.l(f) defines an attorney in the United States, 8 C.F.R. 3 292.1(a)(6) defines an 
attorney outside the United States, and an accredited representative is defined in 8 C.F.R. $ 292.1(a)(4) as a 
person who represents an organization described in 8 C.F.R. 9 292.2 and has been accredited by the Board of 
Immigration Appeals (the Board). The regulation at 8 C.F.R. 3 292.2(a) defines a qualifying organization as 
follows: 
A non-profit religious, charitable, social service, or similar organization established in the 
United States and recognized as such by the Board may designate a representative or 
representatives to practice before the Service alone or the Service and the Board (including 
practice before the Immigration Court). 
No evidence in the record establishes that 
 s either an attorney or an accredited representative as 
defined pursuant to the regulations. N rn ce tha f Primary Care Health 
Management Corporation is a qualifying organization under 8 C.F. 
Accordingly, the AAO will reject the appeal pursuant to 8 C.F.R. $ 103.3(a)(2)(v)(A)(l). 
ORDER: The appeal is rejected.