dismissed
L-1A
dismissed L-1A Case: Janitorial Services
Decision Summary
The appeal was rejected because it was improperly filed by the beneficiary. Per regulations, the beneficiary of a visa petition is not a recognized party and is not authorized to file an appeal; only the petitioner has standing. As the appeal was not properly filed, it was rejected without consideration of its merits.
Criteria Discussed
Standing To Appeal Proper Filing Of Appeal
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U.S. Department of Homeland Security 20 Mass, Rm. A3042,425 1 Street, N.W. Washlneton. DC 20529 .+ $ data &lieka uh, prr~~nt dearly unwa-& u.S. Citizenship ~R~s~oB of pwzd p- and Immigration File: SRC 03 084 50485 Office: TEXAS SERVICE CENTER Date: ~EB 1 5 7~5 s 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: 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. Robert P. Wiemann, Director Administrative Appeals Office SRC 03 084 50485 Page 2 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. 9 103.3(a)(2)(v)(A). The petitioner is a company doing business as a janitorial service franchise. The petitioner filed this nonimmigrant petition seeking to extend the employment of its president and general manager 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. 5 1101(a)(15)(L). The director denied the petition after determining that the petitioner has failed to establish that the beneficiary would be employed by the U.S. entity in a primarily executive or managerial capacity. The Form I-290B, Notice of Appeal to the Administrative Appeal Unit, that was submitted for the record was signed by the beneficiary. There is no indication that the beneficiary signed and filed the appeal as an authorized representative of the petitioner rather than on her own behalf as the beneficiary. 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 is not a recognized party, the beneficiary is not authorized to file an appeal. 8 C.F.R. tj 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)(I). ORDER: The appeal is rejected.
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