dismissed L-1A Case: Retail
Decision Summary
The appeal was rejected because it was improperly filed by an individual who was not an authorized representative of the petitioner, such as an attorney or accredited representative. Per regulations, an appeal filed by a person not entitled to file it must be rejected. The AAO did not reach the merits of the original denial, which was based on the petitioner's failure to establish the beneficiary would be employed in a managerial or executive capacity.
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identimng dda deleted to pvent clearly unwarranted invasion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rrn. A3000 Washington, DC 20529 U. S. Citizenship and Immigration PUBLIC COPY Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 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 case. Any further inquiry must be made to that office. LC. - Robert P. Wiemann, Chief Administrative Appeals Office SRC 05 1 12 50452 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected pursuant to 8 C.F.R. tj 103.3(a)(2)(v)(A)(1). The petitioner filed this nonimmigrant petition seeking to extend the employment of the beneficiary as its executive manager as an L- 1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The petitioner, a corporation organized under the laws of the State of Florida, claims to be a retailer of rawhide products. The director denied the petition concluding that the petitioner failed to establish that the beneficiary will be employed primarily in a managerial or executive capacity. The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. The record shows tha filed the appeal on behalf of the petitioner as a "representative" using the petitioner's letterhead. m Mr ubmitted an entry of appearance (Form G-28) on behalf of the petitioner not as an attorney or accredited representative, but as the petitioner's "authorized representative." The record does not identify Mr an employee, officer, or director of the petitioner. The regulation at 8 C.F.R. 5 103.2(a)(3) specifies that a petitioner may be represented "by an attorney in the United States, as defined in tj 1 .l(f) of this chapter, by an attorney outside the United States as defined in 5 292.1(a)(6) of this chapter, or by an accredited representative as defined in 5 292.1(a)(4) of this chapter." 8 C.F.R. tj 292.1(a)(3) also permits reputable individuals to represent a petitioner in certain circumstances. An accredited representative is defined in 8 C.F.R. 5 292.1(a)(4) as a representative of an organization described in 8 C.F.R. tj 292.2, which, in turn, states that only non-profit religious, charitable, social service, or similar organizations recognized by the Board of Immigration Appeals may be so classified. In this case, the record fails to establish that Mr falls within any of the categories of representatives authorized by immigration regulations to file an behalf of the petitioner. The record does not reveal that he is an "accredited representative" and does not include those materials necessary to permit Mr. to represent the petitioner as a "reputable individual." The fact that ~rcluded a cover the appeal using the petitioner's letterhead does not allow him to act as an "authorized representative" of the petitioner. "An appeal filed by a person or entity not entitled to file it must be rejected as improperly filed." 8 C.F.R. $ lO3.3(a>(2)(v)(A)(l>. Therefore, as Mr is not entitled and not authorized to represent the petitioner in this matter, the appeal must be filed.' 1 It should be noted that 8 C.F.R. ยง 103.3(a)(l)(v) requires an officer to whom an appeal is taken to summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. In this matter, the petitioner has failed to identify specifically an erroneous SRC 05 1 12 50452 Page 3 ORDER: The appeal is rejected. conclusion of law or a statement of fact in this proceeding. Therefore, the appeal would be summarily dismissed if it were not being rejected for the reasons given in this decision.
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