dismissed L-1A Case: Computer Sales

U.S. Department of Homeland Security 
20 Mass. Ave, N.W., Rm. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
File: SRC 04 221 50588 
 Office: TEXAS SERVICE CENTER Date: $~p 0 8 20~ 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1 101(a)(15)(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. 
67-* 
~obertwiemann, Chief 
Administrative Appeals Office 
SRC 04 221 50588 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected pursuant to 8 
C.F.R. $ 103.3(a)(2)(v)(A)(2). 
The petitioner is a corporation that claims to be engaged in the wholesale and retail sale of computers, parts, 
and accessories. It seeks to extend the beneficiary's employment as its chief executive officer pursuant to 
section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The 
director denied the petition after determining that the petitioner had failed to demonstrate that the beneficiary 
was functioning in a primarily managerial or executive capacity. 
The Form G-28, Entry of Appearance as Attorney or Representative, that was submitted for the record on 
appeal indicates that the appeal was being filed on behalf of the beneficiary. Additionally, the Form G-28 
was signed by 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. $ 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. $ 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. $ 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected. 
1 
 It is noted for the record that, while the beneficiary does appear to have been an agent for the petitioner, 
there is no evidence in the record that the beneficiary was legally authorized to sign as a representative on 
behalf of the petitioner with regard to the appeal before the AAO. Specifically, the Form G-28 submitted by 
counsel clearly limits his representationlappearance to the beneficiary, and nowhere is it indicated that the 
beneficiary signed the form in his capacity as chief executive officer for the petitioner.