dismissed
L-1A
dismissed L-1A Case: 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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U.S. Department of Homeland Security 20 Mass Ave., N.W., Room 3000 Washington, DC 20529 den ti&@ data &h && prevent dearly on- lsrrsiondwmw Hwv 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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