dismissed L-1A Case: Mail And Courier Services

3 'a'' - U.S. Department of Homeland Security 
. p$f!a 20 Mass, Rm A3042,425 1 Street, N W 
* w* &8' Wash~ngton, DC 20529 
., $=* 
&p%:*Q. "C . ' 
~2% @ U.S. Citizenship @pbs- " 69 and Immigration 
%** Services 
File: SRC 03 161 5 1427 Office: TEXAS SERVICE CENTER Date: 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. tj 1101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
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. 
5"7 ""-7/ /Robert P. Wiemann, Director 
dministrative Appeals Office 
h 
SRC 03 161 51427 
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. 5 103.3(a)(2)(v)(A). 
The petitioner is engaged in the operation of a franchise of mail systems and special couriers. It seeks to 
extend the employment of its president 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. 9 1101(a)(15)(L). The director 
denied the petition after determining that the petitioner has not sufficiently demonstrated that it has a 
qualifying relationship with the overseas entity, or that the beneficiary would be employed in the United 
States in a primarily managerial or executive capacity. 
The AAO notes that on both Form I-290B, Notice of Appeal, and Form G-28, Entry of Appearance as 
Attorney or Representative, submitted on appeal, counsel indicated that she represents the individual named 
as the beneficiary. The Form G-28 was signed by the beneficiary, apparently in his individual capacity and 
not as an authorized representative 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. tj 
103.2(a)(3). As the beneficiary and his 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.