dismissed
L-1A
dismissed L-1A Case: Management And Consulting
Decision Summary
The appeal was rejected because it was not properly filed. The appeal was submitted by counsel representing the beneficiary, not the petitioner. Under regulations, the beneficiary of a visa petition is not a recognized party in the proceeding and therefore lacks the standing to file an appeal.
Criteria Discussed
Standing To Appeal Properly Filed Appeal
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U.S. Deportment of Homeland Security 20 Massachusetls Ave . h M' . Rm A3042 Washington. DC 20520 U.S. Citizenship . and Immigration F~le: SRC 04 173 53781 Office: TEXAS SERVICE CENTER Date: NOV 2 8 ~OJ IN RE: Petitioner: Benefictary: Petttion: Petltton for a Non~mmlgrant Worker Pursuant to Section 101(a)(15)(L) of the Imm~grat~on and Nationahty Act, 8 U.S.C. 5 1101(a)(15)(L) IN BEHALF OF PETITIONER: INSTRUCTIONS: Th~s is the decis~on of the Admlnistratlve Appeals Office in your case. All documents have been returned to the office that or~ginally dectded your case. Any further tnqulry must be made to that office. -7--.. . _ _--- dmin~stratlve Appeals Office SRC 04 173 53781 Page 2 DISCUSSION: The Director, Texas Service Center denled the non~mmlgrant visa petltlon and the matter 1s now before the Administrative Appeals Office (AAO) on appeal. The appeal wlll be rejected pursuant lo 8 C.F.R. 3 103 3(a)(2)(v)(A). The petitioner filed thls petitlon seeking to extend the employment of its director as an L-IA nonimmlgrant lntracompany transferee pursuant to sectlon 101(a)(15)(L) of the Immigration and Nationahty Act (the Act), 8 U.S.C. 6 1101(a)(l5)(L). The petitioner 1s a Flonda corporation that clalms to be engaged in the provision of management and consulting services. The petitioner claims that it is an affiliate of located in Caracas, Venezuela. The beneficlary was'initially stay in L-IA status in order to open a new office in the Unlted States, and the petitioner now seeks to extend her status for a three-year period. The director denled the pet~tlon, concluding that the petitloner failed to establish a quahfying relationship between the Unlted States and foreign entitles. Counsel subsequently filed the instant appeal and lndlcated on Form I-290B, Notice of Appeal, that she represents the benefictary The Forms G-28, Entry of Appearance as Attorney or Representatwe, that were submitted w~th the 1-129 petition and on appeal were signed by the benefi clary in her personal capacity. The beneficlary did not lnd~cate that she was signmg as an authonzed representatwe of the petitioner The petltloner 1s not named on the Form G-28 or Form I-290B. Thus, the record clearly shows that counsel 1s representing the beneficiary, not the pet~tloner. Cltizenshlp and Immigration Servlces (CIS) regulations specifically prohlblt a beneficlary of a vlsa petition, or a representatwe actlng on a beneficiary's behalf, from filing a petltlon; the beneficiary of a visa petlt~on IS not a recognized party In a proceeding 8 C.F.R. .$ 103.2(a)(3). As the beneficlary and h~s representative are not recognized parties, counsel is not author~zed to file an appeal. 8 C.F.R. $ 103.3(a)(l)(lii)(B). As the appeal was not properly filed, ~t will be rejected. 8 C.F R. $ 103 3(a)(2)(v)(A)(l). ORDER: The appeal is rejected.
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