dismissed H-1B Case: Psychology

U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rm. A3042 
Washington, DC 20529 
i-iing dg drksd to 
prevent clearly tmammtd 
invasion of personel privw 
PUBLIC COPY 
FILE: EAC 04 084 53126 Office: VERMONT SERVICE CENTER Date: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonirnrnigrant Worker Pursuant to Section lOl(a)(lS)(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: 
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 
EAC 04 084 53126 
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 hospital that seeks to employ the beneficiary as a counseling psychologist. The petitioner 
endeavors to classify the beneficiary as a nonimmigrant worker in a specialty occupation pursuant to section 
lOl(a)(l5)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The 
director denied the petition on the basis that the beneficiary was not qualified to perform services in a 
specialty occupation. 
The beneficiary, not an authorized representative of the petitioner, signed the Form I-290B, Notice of Appeal to 
the Administrative Appeals Office that was submitted in conjunction with the appeal. Citizenship and 
Immigration Services (CIS) regulations specifically state that a beneficiary of a visa petition is not a recognized 
party in a proceeding. 8 C.F.R. 103.2(a)(3). As the beneficiary is not a recognized party, the beneficiary is not 
authorized to file an appeal. 8 C.F.R. 103.3(a)(l)(iii)(B). Accordingly, the AAO will reject the appeal 
pursuant to 8 C.F.R. 5 103.3(a)(2)(v)(A)(S). 
ORDER: The appeal is rejected.