dismissed H-1B Case: Operations Research

identifying data deleted to 
prevent clearly unwarranted 
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 
FILE: SRC 05 001 50659 Office: TEXAS SERVICE CENTER Date: AUG ;! 9 2006 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(l S)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 9 1 10 l(a)(l 5)(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, Chief 
Administrative Appeals Office 
SRC 05 001 50659 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition. The matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petition is consulting services firm, with two employees. It seeks to hire the beneficiary as an operations 
research analyst pursuant to pursuant to section lOl(a)(lS)(H)(i)(b) of the Immigration and Nationality Act 
(the Act), U.S.C. 8 1 lOl(a)(l5)(H)(i)(b). The director denied the petition because the record failed to 
establish that the beneficiary would be coming to the United States to perform the duties of a specialty 
occupation. Counsel for the beneficiary submits a timely appeal. 
The AAO's review of the record before it finds the client authorization section of the Form G-28 (Entry of 
Appearance as Attorney or Representative), submitted by counsel at the time of filing, to have been signed by 
the beneficiary of the petition. There is no other Form (3-28 included in the record. 
Citizenship and Immigration Services (CIS) regulations state that the beneficiary of a visa petition is not a 
recognized party in a proceeding before CIS. 8 C.F.R. 8 103.2(a)(3). As the beneficiary has no legal 
standing, he may not file an appeal, nor may counsel do so on his behalf. See 8 C.F.R. 3 103.3(a)(l)(iii)(B). 
Accordingly, the AAO will reject the appeal as improperly filed. 8 C.F.R. 8 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected.