dismissed L-1A Case: Plastics

PlfRIJC COpy
identityinadatadeletedto
prev.t ciarly. unwarranted
mV...·of...... privacy
u.s.Department of Homeland Security
20 Massachusetts Ave., N.W., Room A3000
Washington, DC 20529
u.s.Citizenship
and Immlgration
Services
File:
INRE:
SRC 03 149 52564
Petitioner:
Beneficiary:
Office: TEXAS 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. § 110l(a)(15)(L)
IN BEHALF OF PETITIONER:
INSTRUCTIONS:
SELF-REPRESENTED
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 .
.#::;~~ ..
c: Robert P. Wiemann, Chief
Administrative Appeals Office
www, uscis.gov
SRC 03 149 52564
Page 2
DISCUSSION: The Director, Texa~ Service Center, denied the petition for a nonimmigrant visa. The
Administrative Appeals Office (AAQ.) dismissed a subsequently filed appeal and motion to reconsider. The
matter is now once again before the AAO on a motion to reconsider. The motion will be rejected pursuant to
8 C.F.R. § 103.3(a)(2j(v)(A).
The petitioner seeks to extend the temporary employment of the beneficiary as its president in the United
States as an L-1A nonimmigrant intracompany ~ansferee pursuant to section 101(a)(15)(L) of the
Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(L). The U.S. petitioner, a corporation
organized in he tat f Florida clai t a lastics distributor. nd manufacturer, and claims to be the
affiliate of The director denied the petition
concluding that the petitioner did not establish that the beneficiary will be employed in the United States in a
primarily executive capacity. Specifically, the director noted that the petitioner had not shown that it could
support the beneficiary in such a position at the end of its initial period of operations.
The appeal in this matter, in the form of a motion to reconsider, }Vas filed by counsel. The Form G-28, Entry
of Appearance as Attorney or Representative, that was submitted for the record in support of the appeal was
not signed by the petitioner or an authorized representative thereof. Citizenship and Immigration Services
(CIS) regulations specifically prohibit the filing of an appeal by an attorney or representative without a
properly executed Form G-28 entitling that person to file the appeal. 8 C.F.R. § l03.3(a)(2)(v)(A)(2)(i).
As such, the AAO sent a fax to counsel on October 10, 2006 requesting that a properly executed Form G-28
be submitted within 15 days. To date, no response has been received from counsel. An appeal filed by a
person or entity not entitled to file it must be rejected as improperly filed. 8 C.F.R.§ 103.3(a)(2)(v)(A)(1).
As the form G-28 was not properly executed, counsel is not authorized to file an appeal.
As the appeal was not properly filed, it will be rejected. 8 C.F.R. § l03.3(a)(2)(v)(A)(1).
ORDER: The appeal is rejected.