dismissed L-1A Case: Real Estate

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U.S. Department of Homeland Security 
20 Massachusetts A*., N.W., Rm. A3042 
Washington, DC 20429 
@ U.. and citizenr Immig ation 
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File: SRC 04 164 53962 Office: TEXAS SERVICE CENTER Date: NOv 1 0 &S 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(lS)(L) of the 
Nationality Act, 8 U.S.C. § 1101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have b en returned to 
the office that originally decided your case. Any further inquiry must be made to that office. \ 
Ro $----ti?5 ert P. Wiemann, Dir tor 
dministrative Appeals Office 
( 
SRC 04 164 53962 
Page 2 
DISCUSSION: The Director, Texas Service Center denied the nonimmigrant visa petition 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
C.F.R. $ 103.3(a)(2)(v)(A). 
The petitioner is a Florida corporation that claims to be engaged in real estate and 
seeks to extend the employment of the beneficiary as its president as an L-IA 
transferee pursuant to section 101(a)(15)(L) of the Immigration and 
$ 1101(a)(15)(L). The director denied the petition, concluding that the 
beneficiary will be employed in a primarily managerial or executive capacity. 
Counsel subsequently filed the instant appeal and indicated on Form I-290B, Notice of 
represents the beneficiary. The Forms G-28, Entry of Appearance as Attorney or 
submitted with the 1-129 petition and on appeal were signed by the beneficiary in 
beneficiary did not indicate that he was signing as an authorized 
petitioner is not named on the Form G-28 or Form I-290B. Thus, 
representing the beneficiary, not the petitioner. Citizenship and 
specifically prohibit a beneficiary of a visa petition, or a 
filing a petition; the beneficiary of a visa petition is 
$ 103.2(a)(3). As the beneficiary and his representative 
to file an appeal. 8 C.F.R. § 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected.' 8 C.F.R. 103.3(a)(2)(v)(A)(I). 1 
ORDER: The appeal is rejected. 1 
' Although the appeal will be rejected, the AAO notes that Citizenship and Immigration 
records indicate that the beneficiary in this case is also the beneficiary of an approved 
filed by the same employer, and has adjusted status to that of a permanent resident as of 
the appeal in this proceeding has not been withdrawn, it would appear that the 
approved subsequent to the filing of the appeal, and the beneficiary is 
Accordingly the issues in this proceeding are moot.