dismissed L-1A Case: Retail

U.S. Department of Hnmeland Security 
20 Mass Ave.. N. W.. Room A3042 
Washing!on. DC 20529 
U.S. Citizenship 
---to and Immigration 
-- -- 
PUBLIC. COPY 
File: SRC 03 101 52543 Office: TEXAS SERVICE CENTER Date: Dm 2 2 ?llol 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(] 5)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 4 1 101 (a)(15)(L) 
IN BEHALF OF BENEFICIARY: 
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. 
I ,' /- -> 
-- -?& 
/- 
Robef=W.Wiemann, Director 
Administrative Appeals Office 
SRC 03 101 52543 
Page 2 
DISCUSSION: The Director of the 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. 5 103.3(a)(2)(v)(A). 
The petitioner is engaged in the operation of a convenience store. It seeks to extend the employment of its 
manager/president as an L-1 A nonirnmigrant 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 director denied the petition after 
determining that the petitioner has not sufficiently demonstrated that the beneficiary would be employed in 
the United States in a primarily managerial or executive capacity. 
The AAO notes that although counsel indicates on the Form I-290B, Notice of Appeal, that she represents the 
petitioner and the beneficiary, counsel entered her appearance as attorney only for the beneficiary on the Form 
G-28, Entry of Appearance as Attorney or Representative, that was submitted on appeal. The Form G-28 was 
signed by the beneficiary, apparently in his individual capacity and not as an authorized representative of 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. # 
103,3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. # 103.3(a)(d)(v)(A)(1). 
ORDER: The appeal is rejected.