dismissed L-1A Case: Importer And Wholesaler

U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
File: Office: CALIFORNIA SERVICE CENTER Date: &N ,J 1 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1101(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. 
44 Robert P. Wiemann, Director 
4 
Administrative 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. 9 103.3(a)(2)(v)(A). 
The petitioner indicates that it operates as an importer and wholesaler. 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. The beneficiary did not indicate that he was signing as a representative of the 
petitioner. An address was given for the beneficiary on the form that differs from the petitioner's address as 
presented on the petitioner's 2003 IRS Form 1120, U.S. Corporation Income Tax Return, and other official 
documents. In the section of the Form G-28 that states "I hereby enter my appearance as attorney for (or 
representative of), and at the request of the following named person(s)," counsel listed the beneficiary's name 
and checked the box for "Applicant," not "Petitioner." In fact, the petitioner's name or other identifying 
information appears nowhere on the form. Further, counsel's cover letter of May 21, 2004 and counsel's brief 
both provide that he is "the attorney representing the above identified." The only party identified above this 
statement in both documents is the beneficiary, not the petitioner. Thus, the Form G-28 and counsel's cover 
letter and brief clearly reflect that counsel represents the beneficiary only, not 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. fj 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. 4 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. 9 103.3(a)(2)(v)(A)(I). 
ORDER: The appeal is rejected.