dismissed H-1B Case: Food Service Management

idenwhg data deleted to 
p-t clearly unwarranted 
hvdm of personal priv11~y 
PUBLIC COPY 
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: SRC 04 227 5 1556 Office: TEXAS SERVICE CENTER Date: JUL 2 1 2m 
IN RE: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 8 1 101 (a)(l S)(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 
SRC 04 227 51556 
Page 2 
DISCUSSION: The service center director denied the nonimrnigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner is a chain of four restaurants that seeks to employ the beneficiary as a food service manager. 
The petitioner, therefore, endeavors to classify the beneficiary as a nonirnrnigrant 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 10l(a)(l5)(H)(i)(b). 
The director denied the petition because the proffered position is not a specialty occupation. On appeal, 
counsel submits a brief. 
The Form G-28 (Entry of Appearance as Attorney or Representative) that was submitted in con'unction with the 
appeal designate-as the petitioner's representative. The Form G-28 states that is a 
"Canadian legal representative and member of the Bar of Quebec" and provides an address forin 
Montreal, Canada. The Form G-28 does not indicate that is a member of the bar of the Supreme 
Court of the United States or of the highest court of any State, territory, insular possession, or the District of 
Columbia. The Form G-28 also does not indicate that s associated with a U.S. attorney or is an 
accredited representative of a non-profit religious, charitable, social service, or similar organization established in 
the United States and recognized by the Board of Immigration Appeals (BIA). 
The Citizenship and Immigration Services (CIS) regulation at 8 C.F.R. $ 103.2(a)(3) specifies that a petitioner 
may be represented "by an attorney in the United States, as defined in l.l(f) of this chapter [8 C.F.R. 
l.l(f)], by an attorney outside the United States as defined in 292.1(a)(6) of this chapter [8 C.F.R. 
292.1(a)(6)], or by an accredited representative as defined in 292.1(a)(4) of this chapter [8 C.F.R. 
4 292.1(a)(4)]." Pursuant to 8 C.F.R. 292.1(a)(6), an attorney outside the United States "who is licensed to 
practice law and is in good standing in a court of general jurisdiction of the country in which helshe resides 
and is engaged in such practice" may represent persons "[plrovided that helshe represents persons only in 
matters outside the geographical confines or the United States as defined in section 101(a)(38) of the ~ct', 
and that the Service official before whom helshe wishes to appear allows such representation as a matter of 
discretion." 
The Form G-28 indicates that s attempting to enter an appearance as an attorney outside the United 
States. also entered an appearance as the petitioner's representative in filing the Form 1-129 petition. 
Although there is no evidence in the record to indicate that the director objected torepresentation 
of the petitioner at that time, the AAO finds that the mt to enter an appearance as the attorney 
for the petitioner does not comply with the requirements of 8 C.F.R. 292.1(a)(6). The record shows that the 
petitioner is a U.S. restaurant chain that does business in South Carolina and adjudication of the petition was 
1 According to section 101(a)(38) of the Act, the geographical confines of the United States are limited to 
"the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United 
States." 
SRC 04 227 5 1556 
Page 3 
properly within the jurisdiction of the Texas Service Center of CIS. There is no evidence that is 
an accredited representative or is otherwise eligble to represent petitioner in the United States. 
CIS regulations specifically state that an appeal filed by a person or entity not entitled to file it must be rejected as 
improperly filed. 8 C.F.R. 9 103.3(a)(2)(v)(A)(I). Here, the person who filed the appeal was not entitled to do 
so. 8 C.F.R. 9 103.2(a)(3). Accordingly, the AAO will reject the appeal pursuant to 8 C.F.R. 
9 103.3(a)(2)(v>(A)(1). 
ORDER: The appeal is rejected.