dismissed H-1B Case: Wholesale Trade

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U.S. Department of Homeland Security 
20 Mass Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
h, 
FILE: WAC 03 066 52599 Office: CALIFORNIA SERVICE CENTER Date: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(H)(i)(b) of the 
Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (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 your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
WAC 03 066 52599 
Page 2 
DISCUSSION: The Director of the California Service Center 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)(l). 
The petitioner is a general merchandise wholesaler that employs 42 persons and has a gross annual income of 
$4 million. It seeks to employ the beneficiary as a storage and distribution manager. 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, Notice of Entry of Appearance as Attorney or Representative (Form G-28), 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, from 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 pursuant to 8 C.F.R. 103.3(a)(2)(v)(A)(l). 
ORDER: The appeal is rejected as improperly filed.