dismissed H-1B Case: Electrical Services

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PUBLICCOpy
U.S. Department of Homeland Security
20 Mass Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
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FILE: SRC 06 009 50924 Office: TEXAS SERVICE CENTER Date:
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(H)(i)(b) of the
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(l5)(H)(i)(b)
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.
, f//:'~;~rt P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 06 009 50924
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 provider of electrical services. It seeks to extend its authorization to employ the beneficiary
as an administrative assistant. The director denied the petition on the basis that the petitioner had not
submitted a labor condition application valid for the requested period of employment.
The beneficiary, not an authorized representative of the petitioner, signed the Form I-290B, Notice of Appeal to
the Administrative Appeals Office (AAO). Citizenship and Immigration Services (CIS) regulations specifically
state that a beneficiary of a visa petition is not a recognized party in a proceeding. 8 C.F.R. § 103.2(a)(3). As the
beneficiary is not a recognized party, he is not authorized to file an appeal. 8 C.F.R. § I03.3(a)(l )(iii)(B).
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.