dismissed
L-1A
dismissed L-1A Case: Management And Consulting
Decision Summary
The appeal was rejected on procedural grounds because it was not properly filed. The AAO found that the appeal was filed by counsel representing the beneficiary, but regulations state that the beneficiary is not a recognized party authorized to file an appeal; only the petitioner may do so.
Criteria Discussed
Standing To Appeal Proper Filing Of Appeal Qualifying Relationship
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U.S. Department of Homeland Security 20 Massachusetts Ave.. N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. ยง 1 lOl(a)(lS)(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. obert P. Wiernann, hirector dministrative Appeals Office SRC 04 173 53781 Page 2 DISCUSSION: The Director, 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. 4 103.3(a)(2)(v)(A). The petitioner filed this petition seeking to extend the employment of its director as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 4 1101(a)(15)(L). The petitioner is a Florida corporation that claims to be engaged in the provision of management and consulting services. The petitioner claims that it is an affiliate of Interactivos Servicios Financieros C.A., located in Caracas, Venezuela. The beneficiary was initially granted a one-year period of stay in L-IA status in order to open a new office in the United States, and the petitioner now seeks to extend her status for a three-year period. The director denied the petition, concluding that the petitioner failed to establish a qualifying relationship between the United States and foreign entities. Counsel subsequently filed the instant appeal and indicated on Form I-290B, Notice of Appeal, that she represents the beneficiary. The Forms G-28, Entry of Appearance as Attorney or Representative, that were submitted with the 1-129 petition and on appeal were signed by the beneficiary in her personal capacity. The beneficiary did not indicate that she was signing as an authorized representative of the petitioner. The petitioner is not named on the Form G-28 or Form I-290B. Thus, the record clearly shows that counsel is representing the beneficiary, not 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. $ 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. 3 103.3(a)(l)(iii)(B). As the appeal was not properly filed, it will be rejected. 8 C.F.R. fj 103.3(a)(2)(v)(A)(I). ORDER: The appeal is rejected.
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