dismissed L-1A

dismissed L-1A Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Unknown

Decision Summary

The appeal was rejected because it was filed by the beneficiary's representative, not the petitioner. According to regulations, the beneficiary of a visa petition is not an 'affected party' with legal standing to file an appeal.

Criteria Discussed

Legal Standing To Appeal

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View Full Decision Text
- 
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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