dismissed L-1A Case: Travel And Tourism

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PUBLICCQPY
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm.3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
File: LIN 05 800 56005 Office: NEBRASKA SERVICE CENTER Date :
INRE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l 5)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(L)
IN BEHALF OF PETITIONER:
INSTRUCTIONS:
SELF-REPRESENTED
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.
~~~-;;~ann~icl
Administrative Appeals Office
www.uscis.gov
LIN 05 800 56005
Page 2
DISCUSSION: The Director of the Nebraska 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).
The petitioner claims to be engaged in travel and tourism , specializing in the organization of tours and
expeditions. It seeks to employ the beneficiary as a manager, and has petitioned to classify the beneficiary as
an L-IA nonimmigrant intracompany transferee pursuant to section lOl(a)(15)(L) of the Immigration and
Nationality Act (the Act) , 8 U.S.c. § 1l01(a)(15)(L). The director denied the petition after determining that
(1) the beneficiary was not employed abroad in a primarily managerial or executive capacity; (2) the. . .,.'
petitioner had failed to secure sufficient physical premises to house its new office in the United states; (3) the
petitioner would be unable to support the beneficiary in a primarily managerial or executive capacity at the
end of the first year of operations; and (4) there was insufficient evidence of a significant investment in the
petitioner by the foreign entity.
The Form I-290B that was submitted for the record was signed by the beneficiary , not by 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 is not a recognized party, the beneficiary 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)(1).
ORDER : The appeal is rejected.