dismissed L-1A Case: Retail

U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W , Rm. A3042 
Washington, DC 20529 
identifying data deleted to 
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PUBLIC COPY 
U.S. Citizenship 
and Immigration 
Services 
File: WAC 04 007 50740 Office: CALIFORNIA SERVICE CENTER Date: n()V 2 8 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(15)(L) 
IN BEHALF OF PETITIONER: 
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. 
Administrative Appeals Office 
WAC 04 007 50740 
Page 2 
DISCUSSION: The Director, California Service Center denied the nonirnmigrant 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). 
The petitioner is operates a retail store selling general merchandise. It seeks to employ the beneficiary as its 
general manager and has petitioned to classify the beneficiary as an L-1A nonimrnigrant intracompany 
transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
9 1101(a)(15)(L). The director denied the petition after determining that the beneficiary will not be employed 
in a managerial or executive capacity. 
The Form G-28, Entry of Appearance as Attorney or Representative, that was submitted for the record was 
signed by the beneficiary in his personal capacity, not as an authorized representative of the petitioner. 
Counsel indicates on Form I-290B, Notice of Appeal, that he represents the beneficiary, not the petitioner. 
The MO notes that the name of the petitioning company is not identified on the Form G-28 or the Form 
I-290B. 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. 9 103.2(a)(3). As the beneficiary and her 
representative are not recognized parties, counsel is not authorized to file an appeal. 8 C.F.R. 
tj 103.3(a)(l)(iii)(B). 
As the appeal was not properly filed, it will be rejected. 8 C.F.R. 9 103,3(a)(2)(v)(A)(l). 
ORDER: The appeal is rejected.