dismissed
H-1B
dismissed H-1B Case: Law
Decision Summary
The appeal was rejected because it was improperly filed by the beneficiary's representative instead of the petitioner. According to regulations, the beneficiary of a visa petition does not have legal standing to file an appeal, so the AAO rejected it on procedural grounds without addressing the merits of the case.
Criteria Discussed
Improper Filing Standing To Appeal
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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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