dismissed
L-1A
dismissed L-1A Case: Printing
Decision Summary
The appeal was rejected, which is equivalent to a procedural dismissal, because it was not properly filed by the petitioner. The appeal was filed by the beneficiary's representative, and the beneficiary is not a recognized party authorized to file an appeal. The AAO also noted as a secondary issue that the petitioner company had been dissolved, rendering the appeal moot.
Criteria Discussed
Proper Filing Of Appeal Standing To Appeal Qualifying Organization
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3000 Washngton, DC 20529 U. S. Citizenship and Immigration Services File: WAC 02 064 56001 Office: CALIFORNIA SERVICE CENTER Date: JUL 1 4 2006 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 8 1 10 1(a)(15)(L) IN BEHALF OF PETITIONER: SELF-REPRESENTED 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 ease. Any further inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office WAC 02 064 56001 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. 3 103.3(a)(2)(v)(A)(l). The petitioner ~~u.s.A., Inc., a California corporation.' This is an "initial new office" petition. The petitioner seeks twmploy the beneficiary as an executive branch manager of a printing company, and has petitioned to classify the beneficiary as an L-1A nonirnmigrant intracompany transferee pursuant to section lOl(a)(lS)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(l5)(L). The director denied the petition after concluding that "the evidence fails to establish that the petitioner meets the requirements as defined by 8 C.F.R. 5 214.2(1)(3)(~)." The Form G-28, Entry of Appearance as Attorney,or Representative, dated June 25,2002, that was submitted for the record was signed by the beneficiary (identified in the G-28 as "applicant"), not by an authorized representative of the petitioner. Moreover, the I-290B that was submitted also clearlv states that the attorney is -acting on behalf of ihe beneficiary, and not on behalf of the ~etitioher, - Inc. The G-28 that was submitted with the original 1-129, was also signed by the beneficiary (identified as "applicant"), and not by 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. 5 103.2(a)(3). As the beneficiary and her 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. ยง 103.3(a)(2)(v)(A)(l). ORDER: The appeal is rejected. I It should be noted that, according to California state corporate records, the petitioner's corporate status in California has been "dissolved." Therefore, as the petitioner has voluntarily elected to wind-up its operations and has completely dissolved its business as a corporation, the company no longer exists and can no longer be considered a legal entity in the United States. Therefore, as this clearly and unequivocally renders the petitioner ineligible for the classification sought, the issues raised on appeal are moot.
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