dismissed
L-1A
dismissed L-1A Case: Interior Design And Architectural Consulting
Decision Summary
The appeal was rejected, not on its merits, but because it was improperly filed. The appeal form was not signed, and it was unclear whether it was filed by the petitioner or the beneficiary, who is not legally permitted to file an appeal.
Criteria Discussed
Managerial Or Executive Capacity Proper Party To File An Appeal Properly Signed Application
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U.S. Department of Homeland Security 20 Mass Avc., N.W.. Rm. A3042 Washington, DC 20529 U.S.Citizenship and Immigration Services File: WAC 01 287 56299 Office: CALIFORNIA SERVICE CENTER Date: I)& 2 2 Petition: Petition far a Nonimrnigrant Worker Pursuant to Section 101 (a)(] 5)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 IOl(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. Administrative Appeals Office WAC 01 287 56299 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. $6 103.2(a)(7)(i) and 1 03.3(a)(2)(v)(A)(I). The petitioner is a corporation organized in the State of California that claims to be engaging in the business of interior design and architectural consulting. It seeks to extend the employment of its president as an L-1A nonimmigrant intracornpany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(IS)(L). The director denied the petition after determining that the petitioner has not sufficiently demonstrated that the begeficiary would be employed in the United States in a primarily managerial or executive capacity. The documents filed on appeal include a Form I-290B, Notice of Appeal, on which the signature, name and address of the person filing the appeaI were left blank. The reasons for appeal were stated as follows: I work as an executive officer and I like to explain why. The reason I should have more time to develop the company. The goal for the company. Also submitted was a letter from the beneficiary elaborating upon the reasons for appeal. Based on the stated reasons for appeal on Form 1-290B, it appears that the beneficiary filed the appeal. However, absent the information required on Form I-290B identifying the person filing the appeal, it cannot be determined whether the beneficiary filed the appeal in his individual capacity or on behalf of the petitioner. The Citizenship and Immigration Services (CIS) regulations specifically prohibit a beneficiary of a visa petition, or a representative acting 011 a beneficiary's behalf, from filing a petition; the beneficiary of a visa petition is not a recognized party in a proceeding and therefore is not authorized to file an appeal. 8 C.F.R. 53 103.2(a)(3) and 103.3(a)(l)(iii)(B). Thus, an appeal filed by the beneficiary in his individual capacity must be rejected as improperly filed. 8 C.F.R. 9 103.3(a)(2)(v)(A)(I). Even assuming that the beneficiary filed the appeal as an authorized representative of the petitioner, on behalf of the petitioner, the appeal must be rejected for lack of proper signature. The regulations provide that "[aln applicant or petitioner must sign his or her application or petition. . . . By signing the application or petition, the applicant or petitioner . . . certifies under penalty of perjury that the application or petition, and all evidence submitted with it, either at the time of fiIing or thereafter, is true and correct." 8 C.F.R. tj 103.2(a)(2). An application or petition that is not properly signed, as is the case here, must be rejected as improperly filed. 8 C.F.R. 3 103.2(a)(7)(i). Based on the foregoing, the appeal will be rejected as inlproperly filed. 8 C.F.R. 55 103.2(a)(7)(i) and l03.3(a)(2)(v)(A)(I>. ORDER: The appeal is rejected.
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