dismissed
L-1A
dismissed L-1A Case: Graphic Design
Decision Summary
The appeal was rejected because it was improperly filed by the petition's beneficiary. Per regulations, the beneficiary of a visa petition is not a recognized party in the proceeding and is not authorized to file an appeal.
Criteria Discussed
Standing To File Appeal
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U.S. Department of IIomeland Security 20 Mass Ave., N.W., Room 3000 Washington, DC 20529 U.S. Citizenship and Immigration Services File: SRC 05 042 50196 Office: TEXAS SERVICE CENTER Date: SEP 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. 5 1 101(a)(15)(L) IN 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. --G ~obert~~temann, Chief Administrative Appeals Office SRC 05 042 50196 Page 2 DISCUSSION: The Director of the 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 pursuant to 8 C.F.R. 5 103.3(a)(2)(v)(A). The petitioner is a new office engaging in the business of graphic design. The petitioner filed this nonimmigrant petition seeking to employ the beneficiary, in the capacity of its president and general manager, 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 failed to establish that the claimed foreign parent company funded the U.S. entity, and that a qualifying relationship exists between the U.S. entity and the foreign entity as required under the regulations. The Form I-290B, Notice of Appeal, that was submitted for the record was signed by the beneficiary. There is no indication that the beneficiary signed and filed the appeal as an authorized representative of the petitioner rather than on her own behalf as the beneficiary. Citizenship and Immigration Services (CIS) regulations specifically prohibit a beneficiary of a visa petition, or a representative acting on a beneficiary's behalf, fkom filing a petition; the beneficiary of a visa petition is not a recognized party in a proceeding. 8 C.F.R. 5 103.2(a)(3). As the beneficiary is not a recognized party, the beneficiary is not authorized to file an appeal. 8 C.F.R. fj 103.3(a)(l)(iii)(B). As the appeal was not properly filed, it will be rejected. 8 C.F.R. fj 103.3(a)(2)(v)(A)(I). ORDER: The appeal is rejected.
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