dismissed L-1A Case: Talent/Entertainment

• ~ .f.; U.S. Department ofHomeland Security
20 Mass. Ave., N.W., Rm. A3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services' .
File: WAC 06 045 53712 Office: CALIFORNIA SERVICE CENTER Date: HAY 012007
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(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.
~-~
RobertF:"'Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
..
WAC 06 04553712
Page 2
DISCUSSION: The Director of the California Sc:<rviceCenter 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 California corporation and is allegedly in the talent/entertainment business. The petitioner
seeks to extend the employment of the beneficiary as its president as an L-1A nonimmigrant intracompany
transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 V.S.c. §
1101(a)(15)(L). The director denied the petition after concluding that the petitioner failed to establish (1) that
is has a qualifying relationship with the foreign entity; (2) that sufficient physical premises had been secured
to house the business operation; or (3) that the beneficiary will be employed in a primarily managerial or
executive capacity.
The two Forms G-28, Entry of Appearance as Attorney or R,epresentative, in the record (dated November 28,
2005 and February 23, 2006) were signed by the beneficiary, not by an authorized representative 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 July 21, 2006 decision was signed and
filed by the attorney identified in the above Forms G-28 as counsel to the beneficiary. 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)(I)(iii)(B).
As the appeal was not properly filed, it will be rejected for this reason. 8 C.F.R. § 103.3(a)(2)(v)(A)(l).
ORDER: The appeal is rejected.