dismissed L-1A

dismissed L-1A Case: Business Consulting

📅 Date unknown 👤 Company 📂 Business Consulting

Decision Summary

The appeal was rejected because it was not properly filed. Under regulations, the beneficiary of a visa petition is not a recognized party and therefore lacks the standing to file an appeal. Since the appeal was filed by counsel representing the beneficiary, not the petitioner, it was dismissed on procedural grounds.

Criteria Discussed

Primarily Managerial Or Executive Capacity Standing To Appeal

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View Full Decision Text
U.S. Department of Homeland Security 
20 Mass Ave., N.W., Room 3000 
Washington, DC 20529 
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PUBLIC COPY 
U.S. Citizenship 
and Immigration 
Services 
File: WAC 01 199 54898 Office: CALIFORNlA SERVlCE CENTER Date: s~p 0 8 2006 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act. 8 U .S.C. 8 1 I01 (a)(l5)(L) 
IN 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. 
Administrative Appeals Office 
WAC 01 199 54898 
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. 3 103.3(a)(2)(v)(A). 
The petitioner operates as an international business consulting service. It seeks to extend the employment of 
the beneficiary, in the role of its executive, as an L-1A nonimmigrant intracompany transferee pursuant to 
section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The 
director denied the petition after determining that the petitioner has not sufficiently demonstrated that the 
beneficiary would be employed in the United States in a primarily managerial or executive capacity. 
The AAO notes that Form I-290B, Notice of Appeal, and Form G-28, Entry of Appearance as Attorney or 
Representative, submitted on appeal both indicate that counsel represents the individual named as the 
beneficiary. Citizenship and Immigration Services regulations specifically prohibit a beneficiary of a visa 
petition, or a representative acting on a beneficiary's behalf, from filing a petition; the beneficiary of a visa 
petition is not a recognized party in a proceeding. 8 C.F.R. 3 103.2(a)(3). As the beneficiary and his 
representative are not recognized parties, counsel is not authorized to file 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. 3 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected. 
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