dismissed L-1A

dismissed L-1A Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was rejected because it was not filed by the petitioner, who is the legally recognized 'affected party' with standing. The appeal was filed on behalf of the beneficiary, who does not have standing to file an appeal in this matter. Therefore, the appeal was procedurally improper.

Criteria Discussed

Standing To File

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
File: WAC 04 068 50881 Office: CALFOKNIA SERVICE CENTER Date: DEC 1 2085 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 1 101 (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. 
d/" Robert P. Wiemann, Director 
fAdministrative Appeals Office 
WAC 04 068 50881 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonirnmigrant visa petition. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
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. 5 103.5a(b). In accordance with 8 C.F.R. 
9 103.2(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. 
In accordance with 8 C.F.R tj 103.3(a)(l)(iii)(B), "affected party" means (in addition to the Service) the 
person or entity with legal standing in a proceeding. It dpes not include the beneficiary of a visa petition. 
In this matter the record contains a Form I-290B signed by an attorney whose Form G-28, Notice of Entry as 
Appearance Attorney or Representative, does not indicate that he is representing the petitioner. In addition, 
the April 7, 2004 letter attached to the Form I-290B indicates that "[tlhis appeal is filed on behalf of [the 
beneficiary], the respondent." Inasmuch as neither the beneficiary nor his representative has standing to file 
an appeal in this matter, the appeal must be rejected. 
ORDER: The appeal is rejected. 
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