dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected because it was not filed by the proper party. The regulations state that the beneficiary of a visa petition, or their representative, does not have legal standing to file an appeal; only the petitioner can file.
Criteria Discussed
Standing To File Appeal
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- U.S. Department of Homeland Securitv 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration File: SRC 03 205 50083 Office: TEXAS SERVICE CENTER Date: c Ec 2 1 2005 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 1 Ol(a)(lS)(L) ON BEHALF OF BENEFICIARY: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to the office that originally decided your case. Any further inquily must be made to that office. *pobert P. Wiemann, Director Administrative Appeals Office SRC 03 205 50083 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. 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. ยง 103.5a(b). In accordance with 8 C.F.R. 5 103.2(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 $ 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 does not include the beneficiary of a visa petition. In this matter the record contains a Fonn 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. Counsel notes that he is representing the beneficiary. 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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