dismissed L-1A Case: Unknown

PUBLIC COpy
identifying data deleted to
prevent clearly unwa1T~ted
invasion of personal pnvacy
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Room A3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
File: SRC 04 16952691 Office: TEXAS SERVICE CENTER Date: HAY 02 2007
INRE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(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.
--"'", ~ ....<.,::.",.[
/ ...... " \.~
RobeHP. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 04 169 52691
Page 2
DISCUSSION: The Director, Texas Service Center, approved the nonimmigrant visa petition and certified
the decision to the Administrative Appeals Office (AAO) for review. The AAO withdrew the director's
decision and denied the petition. The matter is now before the AAO on a motion to reconsider. The motion
will be dismissed as untimely and improperly filed. 8 C.F.R. §§ 103.5(a)(1)(i), 103.5(a)(1)(iii)(A), and
103.5(a)(4).
In order to properly file a motion to reconsider or reopen, the regulation at 8 C.F.R. § 103.5(a)(1)(i) provides
that the affected party must file the motion within 30 days of the decision that the motion seeks to reconsider.
If the decision was mailed, the motion must be filed within 33 days. See 8 C.F.R. § 103.5a(b). In accordance
with 8 C.F.R. § 103.2(a)(7)(i), an application received in a Citizenship and Immigration Services (CIS) office
shall be stamped to show the time and date of actual receipt, if it is properly signed, executed, and
accompanied by the correct fee. For calculating the date of filing, the motion shall be regarded as properly
filed on the date that it is so stamped by the service center or district office.
The record indicates that the AAO issued its decision on July 7, 2005. According to the date stamp on the
motion to reconsider, it was received by CIS on December 15, 2005, over six months after the decision was
issued.' Accordingly, the motion was untimely filed.
Additionally, the Form G-28, Entry of Appearance as Attorney or Representative, that was submitted for the
record in support of the appeal was signed by the beneficiary, not by the petitioner or an authorized
representative thereof. 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). In this case, the Form G-28 that was submitted for
the record was signed by the beneficiary in his personal capacity. While it is noted for the record that the
beneficiary does appear to have been an agent for the petitioner, there is no evidence in the record that the
beneficiary was legally authorized to sign as a representative on behalf of the petitioner with regard to the
appeal before the AAO. Specifically, the Form G-28 submitted by counsel clearly limits his
representation/appearance to the beneficiary, and nowhere is it indicated that the beneficiary signed the form
in his capacity as president for the petitioner. In addition, counsel clearly limits his representation on the
Form I-290B to the beneficiary.
An appeal filed by a person or entity not entitled to file it must be rejected as improperly filed. 8 C.F.R. §
103.3(a)(2)(v)(A)(1). As the beneficiary and his counsel are not recognized parties, counsel is not authorized
to file an appeal. Id.; 8 C.F.R. § 103.3(a)(1)(iii)(B).
As the motion was untimely and improperly filed, the motion must be dismissed.
ORDER: The motion is dismissed.
1 It is noted for the record that the motion was originally received by CIS on December 5, 2005. However,
since the motion was not accompanied by the required fee, it was returned to counsel and was not properly
filed until December 15,2005.