dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected on procedural grounds because it was filed by the beneficiary, not the petitioner. The AAO determined that under regulations, the beneficiary is not a party to the proceeding and therefore lacks the legal standing to file an appeal.
Criteria Discussed
Managerial Or Executive Capacity Standing To Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave, N.W. Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services Petition: Petition for a Nonimrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(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. ihobert P. Wiemann, Director " Administrative Appeals Office EAC 02 077 52417 Page 2 DISCUSSION: The Director of the Vermont Service Center denied the petition for a nonirnmigrant visa and dismissed a subsequent appeal, affing its decision on a motion to reopen. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. The petitioner seeks to temporarily employ the beneficiary in the United States as an L-1A nonirnmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The director denied the petition based on the conclusion that the petitioner failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity. The appeal is filed by the beneficiary. The regulations, however, preclude the beneficiary as a party to the proceeding or as one entitled to representation. See 8 C.F.R. 6 103.2(a)(3). It is concluded, therefore, that the party submitting the appeal has no standing in the proceeding. 8 C.F.R. 5 103.3(a)(2)(v)(A). ORDER: The appeal is rejected.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.