dismissed L-1A Case: Construction

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: SRC 05 105 50884 Office: TEXAS SERVICE CENTER Date: JAN 2 9 2007 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(15)(L) 
ON BEHALF OF PETITIONER: 
COURTESY COPY TO: 
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. 
trP 
ministrative Appeals Office 
SRC 05 105 50884 
Page 2 
DISCUSSION: The Director, Texas 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. 
The petitioner filed this nonimmigrant petition seeking to employ the beneficiary as an L-1A nonimmigrant 
intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 
U.S.C. 6 1 10 1 (a)( 15)(L). The petitioner, a Florida corporation, intends to operate a construction business. 
, ,, ,\ , 
The petitioner claims that it is a branch office ofiocated in Cochabamba, Bolivia. 
The petitioner seeks to employ the beneficiary as the presidentlgeneral manager of its new office in the United 
States for a three-year period. 
The director denied the petition on April 27, 2005, concluding that the petitioner had not established: (1) that 
the beneficiary had been employed by the foreign entity in a primarily managerial or executive capacity; or 
(2) that the petitioner would employ the beneficiary in a primarily managerial or executive capacity within 
one year of commencing operations in the United States. 
On June 7, 2005, the petitioner filed an appeal seeking review of the director's decision. In order to properly 
file an appeal, the regulation at 8 C.F.R. (5 103.3(a)(2)(i) provides that the affected party must file the appeal 
within 30 days after service of the unfavorable decision. If the decision was mailed, the appeal must be filed 
within 33 days. See 8 C.F.R. (5 103.5a(b). In accordance with 8 C.F.R. (5 103.2(a)(7)(i), an application 
received in a Citizenship and Immigration Services (CIS) office shall be stamped to show the time and date of 
actual receipt, if it is properly signed, executed and accompanied by the correct fee. For calculating the date of 
filing, the appeal shall be regarded as properly filed on the date that it is so stamped by the service center. It 
is noted that the director properly gave notice to the petitioner that it had 33 days to file the appeal. 
The AAO notes that Form I-290B was initially submitted without the requisite filing fee on May 27, 2005, 
and rejected as improperly filed. The petitioner subsequently re-filed the form with the filing fee on June 7, 
2005, 41 days after the director's decision was issued.' Consequently, the appeal in this matter was untimely 
filed. Any appeal that is not filed within the time allowed must be rejected as improperly filed. 8 C.F.R. (5 
103 -3(a>(2)(v)(B)(l). 
Furthermore, the AAO notes that counsel indicated on Form I-290B, Notice of Appeal, that she represents the 
beneficiary. The only Forrn G-28, Notice of Entry of Appearance as Attorney or Representative, submitted by 
counsel was signed by the beneficiary. The beneficiary did not indicate that he was signing as an authorized 
representative of the petitioner, and the petitioner is not named on the Forms G-28 or Forrn I-290B. Thus, the 
record shows that counsel represents the beneficiary, not the petitioner. 
The regulation at 8 C.F.R. (5 103.3(a)(l)(iii) states: 
' The AAO notes that the Form I-290B and fee filed on June 7, 2005 was also rejected by the director. The 
petitioner was advised to re-file the appeal on a new version of Form I-290B. The petitioner re-filed the 
appeal on the latest version of Form I-290B on June 15, 2005. The AAO would have accepted the appeal on 
the previous version of Form I-290B had it been timely filed by an affected party. 
SRC 05 105 50884 
Page 3 
(B) Meaning of affected party. For purposes of this section and sections 103.4 and 103.5 of 
this part, affected party means the person or entity with legal standing in a proceeding. It 
does not include the beneficiary of a visa petition. 
Similarly, only an authorized party may maintain an appeal. 8 C.F.R. tj 103.3(a)(2)(v) states: 
Improperly $led appeal-(A). Appeal $led by person or entity not entitled to file it-- (I) 
Rejection without refund offiling fee. An appeal filed by a person or entity not entitled to file 
it must be rejected as improperly filed. In such a case, any filing fee the Service has accepted 
will not be refunded. 
Inasmuch as neither the beneficiary nor his representative has standing to file an appeal in this matter, the 
appeal must also be rejected as improperly filed, pursuant to 8 C.F.R. 5 103.3(a)(2)(v)(A). 
ORDER: The appeal is rejected.