dismissed L-1A

dismissed L-1A Case: Jewelry Manufacturing

📅 Date unknown 👤 Company 📂 Jewelry Manufacturing

Decision Summary

The appeal was rejected on procedural grounds, which is treated as a dismissal for classification purposes. The AAO determined that the appeal was improperly filed because the attorney represented the beneficiary, who is not a recognized party with the standing to file an appeal for a visa petition.

Criteria Discussed

Managerial Or Executive Capacity Proper Filing Of Appeal

Sign up free to download the original PDF

View Full Decision Text
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. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.