dismissed L-1A Case: International Courier

U.S. Department of Homeland Security 
20 Massachusetts Avc., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
Office: TEXAS SERVICE CENTER Date: JUN 0 1 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 4 1101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
?A obert P. Wiemann, Director 
~binistrative Appeals Office 
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 operates as an international courier. It seeks to employ the beneficiary as a President and 
General Manager, and has petitioned to classify the beneficiary as an L-1A nonimmigrant intracompany 
transferee pursuant to section lOl(a)(lS)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
/i 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, Ent of A earance as Attorney or Representative, that was submitted with the initial 
petition was signed b hrllh in the capacity of Vice President of the petitioner. The petitioner was 
listed in the section of the Form G-28 that reads "I hereby enter my appearance as attorney for (or 
representative of), and at the request of the following named person(s) . . . ." Thus, for the purpose of filing 
the initial petition, counsel clearly and properly represented the petitioner. Yet, the Form G-28 submitted on 
appeal is signed by the beneficiary only, in her personal capacity. In the aforementioned section of the form 
that denotes who is represented and who authorized such representation, only the beneficiary's name appears, 
and the corresponding box is checked to indicate that counsel represents the beneficiary. An address that is 
different from the petitioner's is listed on the form for the beneficiary, and it is presumed to be her personal 
residence. Nowhere on the form does it provide that counsel filed the appeal on behalf 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. 9 103.2(a)(3). As the beneficiary and her representative are 
not recognized parties, counsel is not authorized to file an appeal. 8 C.F.R. 5 103.3(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.