dismissed
L-1A
dismissed L-1A Case: Jewelry Manufacturing
Decision Summary
The appeal was rejected because it was improperly filed by the beneficiary. Per regulations (8 C.F.R. ยง 103.3(a)), the beneficiary of a visa petition is not a recognized party and is not authorized to file an appeal. The AAO did not address the merits of the case, which was originally denied for failure to establish the beneficiary would be employed in a primarily managerial or executive capacity.
Criteria Discussed
Managerial Or Executive Capacity Proper Filing Of Appeal Standing To Appeal
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U.S. Department of Homeland Security 20 Mass, Rm. A3042,425 I Street, N.W. Washington, DC 20529 U. S. Citizenship and Immigration Services File: WAC 03 040 5 1720 Office: CALIFORNIA SERVICE CENTER Date: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 3 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. Robert P. Wiernann, ~irecto; '0' dministrative Appeals Office WAC 03 040 5 1720 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. $ 103.3(a)(2)(v)(A). The petitioner is engaged in the manufacturing, sales and distribution of custom handmade jewelry. It seeks to extend the employment of the beneficiary as its president, and has petitioned to classify the beneficiary as an L-1A nonimmigrant intracompany transferee pursuant to section lOl(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 101(a)(15)(L). The director denied the petition after determining that the record failed to establish that the beneficiary would be employed by the U.S. entity in a primarily managerial or executive capacity. The Form G-28, Entry of Appearance as Attorney or Representative, identifies the beneficiary as the sole party represented by counsel. Additionally, counsel indicates on Form I-290B that he is representing the beneficiary in the present appeal. 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, counsel is not authorized to file an appeal. 8 C.F.R. $ 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)(l). ORDER: The appeal is rejected.
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