dismissed L-1A Case: Unknown

PUBLIC COPY 
U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. A3000 
Washington, DC 20529 
- -- 
File: SRC 04 224 53999 Office: TEXAS SERVICE CENTER Date: 
IN RE: 
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 10 1 (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. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
SRC 04 224 53999 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely 
filed. 
In order to properly file an appeal, the regulation at 8 C.F.R. $ 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal within 30 days of service of the unfavorable decision. If the decision was 
mailed, the appeal 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 appeal 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 director issued the decision on November 3, 2004. It is noted that the director 
properly gave notice to the petitioner that it had 33 days to file the appeal. According to the date stamp on the 
Form I-290B Notice of Appeal, it was received by CIS on December 9, 2004, or 36 days after the decision 
was issued. Accordingly, the appeal was untimely filed.' 
The regulation at 8 C.F.R. $ 103.3(a)(2)(v)(B)(Z) states that, if an untimely appeal meets the requirements of a 
motion to reopen or a motion to reconsider, the appeal must be treated as a motion, and a decision must be 
made on the merits of the case. The official having jurisdiction over a motion is the official who made the 
last decision in the proceeding, in this case the service center director. See 8 C.F.R. $ 103.5(a)(l)(ii). The 
director declined to treat the late appeal as a motion and forwarded the matter to the AAO. 
As the appeal was untimely filed, the appeal must be rejected. 
Additionally, both the Form I-290B, Notice of Appeal, and the Form G-28, Notice of Entry of Appearance as 
Attorney or Representative, indicate that counsel is representing the beneficiary. 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. tj 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). 
ORDER: The appeal is rejected. 
' The AAO notes that counsel for the petitioner filed an incomplete appeal on December 2, 2004, which was 
rejected due to counsel's failure to sign the form I-290B. As indicated on the rejection notice, since the appeal 
was improperly filed, a processing date was not assigned at that time. Since the appeal was not properly filed 
until Thursday, December 9,2004, it must be rejected as untimely filed.