dismissed L-1A Case: Grocery And Computer Hardware Distribution

U.S. Department of Homeland Security 
20 Massachusetts Ave.. N.W., Rm. A3042 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
File: Office: CALIFORNIA SERVICE CENTER Date: Mb:l 1 9 2005 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 3 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. 
2-3 R bert P. Wiemann, Dire or 
l~dministrative Appeals Office 
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. § 103.3(a)(2)(v)(A). 
The petitioner operates a grocery and acts as a distributor of computer hardware. It seeks to employ the 
beneficiary as its President, and has petitioned to classify the beneficiary 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. $ 1101(a)(15)(L). The director denied the petition after determining that the petitioner failed to 
establish that the beneficiary will be employed in a primarily managerial or executive capacity. 
The Form G-28, Entry of Appearance as Attorney or Representative, that was submitted for the record was 
signed by the beneficiary, not by an authorized representative of the petitioner. Citizenship and Immigration 
Services (CIS) 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. $ 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. 5 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected.