dismissed L-1A Case: Import/Export

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preventclearlyunwarranted
invasionofpersonalprivacy
PUBLICCOPY
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rrn.3000
Washington, DC 20529
u.S.Citizenship
and Immigration
Services
File: EAC 05 23051121 Office: VERMONT SERVICE CENTER Date: . ;fE8 0 1 200l
INRE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(L)
IN BEHALF OF BENEFICIARY:
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.
~::/
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
EAC 05 230 51121
Page 2
DISCUSSION: The Director of the Vermont 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 claims to be engaged in the import and export business. It seeks to employ the beneficiary as a
manager, and has petitioned to classify the beneficiary as an L-IA nonimmigrant intracompany transferee
pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. §
1101(a)(l5)(L). The director denied the petition after determining that the beneficiary did not have the
requisite one year of continuous employment abroad with a qualified organization. Additionally, the petition
was denied for failure by the petitioner to submit requested evidence establishing the business plan of the U.S.
entity.
The Form I-290B 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. § 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. §
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)(1).
ORDER: The appeal is rejected.