dismissed
H-1B
dismissed H-1B Case: Market Research
Decision Summary
The appeal was rejected because it was improperly filed by the beneficiary's counsel, not the petitioner. Regulations prohibit a beneficiary of a visa petition from filing an appeal, so the AAO did not address the substantive issue of whether the proffered position was a specialty occupation.
Criteria Discussed
Specialty Occupation Improper Filing Of Appeal
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identiging data deleted to prevent clearly unwanant cia invasion of personal privacy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services FILE: WAC 04 181 521 88 Office: CALIFORNIA SERVICE CENTER Date: AUG 0 8 2006 IN RE: PETITION: Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the Immigration and Nationality Act, 8 U.S.C. 5 1 lOl(a)(lS)(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 you case. Any further inquiry must be made to that office. Robert P. WAC 04 181 52188 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 pursuant to 8 C.F.R. 5 103.3(a)(2)(v)(A). The petitioner is an import and wholesale business that seeks to employ the beneficiary as a market research analyst. The director denied the petition because the proffered position is not a specialty occupation. The Form G-28, Entry of Appearance as Attorney or Representative, submitted in conjunction with the Form I-290B, indicates that the beneficiary retained counsel to file the appeal. Citizenship and Immigration Services (CIS) regulations specifically prohibit a beneficiary of a visa petition, or a representative acting on a beneficiary's behalf, fiom filing an appeal. 8 C.F.R. 5 103.3(a)(l)(iii)(B). As the appeal was not properly filed, it will be rejected. 8 C.F.R. § 103.3(a)(2)(v)(A)(I). ORDER: The appeal is rejected as improperly filed.
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