dismissed L-1A Case: Software Development

U.S. Department of Homeland Security 
identifiinp .A6": ir>l~it:d to 
 prevent^^-- - ". .,(ranted 
invasion of pe~"al priv8cy 
20 ~asi. Ave., N.W., Rrn. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: 
 WAC 05 069 5 1 171 
 Office: CALIFORNIA SERVICE CENTER 
 Date: V fJl/ (P 3 2006 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 101 (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. 
<, - -- - ----. 
e ---- 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
WAC05 06951171 
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. § 103.3(a)(2)(v)(A)(l). 
The petitioner, is a Nevada corporation allegedly engaged in the business of 
software development. The petitioner seeks to extend the employment of the beneficiary as its 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 concluding that 
the petitioner failed to establish that the beneficiary will be employed primarily in a managerial or executive 
capacity. 
The Form G-28, Entry of Appearance as Attorney or Representative, dated July 18, 2005 and which was 
submitted with the current appeal, was signed by the beneficiary (identified in the G-28 as "applicant"), not by 
an authorized representative on behalf of the petitioner. Therefore, the attorney identified in the Form G-28 is 
counsel to the beneficiary, not counsel to the petitioner. The Form I-290B that was submitted in response to 
the June 23, 2005 decision was signed and filed by the attorney identified in the above Form G-28 on behalf 
of the beneficiary and not on behalf of the petitioner. 
Citizenship and Immigration Services 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)(2)(v)(A)(l). 
ORDER: The appeal is rejected.