dismissed L-1A

dismissed L-1A Case: Janitorial Services

📅 Date unknown 👤 Company 📂 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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