dismissed H-1B

dismissed H-1B Case: Law

📅 Date unknown 👤 Company 📂 Law

Decision Summary

The appeal was rejected on procedural grounds, not on the merits of the case. The AAO determined the appeal was improperly filed because the beneficiary, or a representative acting on their behalf, is prohibited from filing the appeal.

Criteria Discussed

Specialty Occupation Standing To Appeal / Improper Filing

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View Full Decision Text
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section I0 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 10l(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 
WAC 04 087 5 1745 
Page 2 
DISCUSSION: The director of the service center denied the nonirnrnigrant visa petition and the matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected pursuant to 8 C.F.R. 
0 103.3(a)(2)(v)(A). 
The petitioner is a law firm that seeks to employ the beneficiary as a foreign law advisor. The director denied 
the petition on the basis that the proffered position did not meet the definition of a specialty occupation. 
The Form G-28, Entry of Appearance as Attorney or Representative, submitted along with the Form I-290B, 
indicates that the beneficiary retained counsel to file the appeal. CIS regulations prohibit the beneficiary of a visa 
petition, or a representative acting on a beneficiary's behalf, from filing an appeal. 8 C.F.R. 0 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. 8 103.3(a)(2)(v)(A)(l). 
ORDER: The appeal is rejected as improperly filed. 
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