dismissed L-1B Case: Restaurant

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PUBLICCoPY
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
\)1
File: SRC 04 14652150 Office: TEXAS SERVICE CENTER Date: JUN 052007
IN RE: 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 PETITIONER:
SELF-REPRESENTED
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.
.....--.-_.---=::.2..-,"'-:7' ~'r: ~:::::>'~
Robe~~ann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 04 14652150
Page 2
DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected pursuant to 8
C.F.R. § 103.3(a)(2)(v)(A)(l).
The petitioner filed this nonimmigrant petition seeking to employ the beneficiary in the position of assistant
manager as an L-IB nonimmigrant intracompany transferee having specialized knowledge pursuant to section
101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The petitioner, a
limited partnership established under the laws of the State of Texas, claims to operate a steak house
restaurant. The director denied the petition concluding that the petitioner failed to establish that the
beneficiary will be employed in a position involving specialized knowledge.
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and
forwarded the appeal to the AAO for review.
The record shows that of the Law Office 0 filed the appeal on behalf of the
petitioner as a representative associated with an attorney admitted to the Bar of the State of Texas. However,
the record does not indicate that is an attorney or authorized representative, and the attorney with
whom claims an affiliation, , signed neither the Form G-28 nor the Form I-290B.
To the contrary, si ed the Form G-28, the Form I-290B, and the cover letter attached to the
appeal. Furthermore, signed both the Form 1-129 as a preparer and the letter sent in response to
the director's Request for Evidence, albeit using letterhead.
The regulation at 8 C.F .R. § 103.2(a)(3) specifies that a petitioner may be represented "by an attorney in the
United States, as defined in § 1.1(f) of this chapter, by an attorney outside the United States as defined in §
292. 1(a)(6) of this chapter, or by an accredited representative as defined in § 292.1(a)(4) of this chapter." 8
C.F.R. § 292.1(a)(3) also permits reputable individuals to represent a petitioner in certain limited
circumstances. An accredited representative is defined in 8 C.F.R. § 292.1(a)(4) as a representative of an
organization described in 8 C.F .R. § 292.2, which, in turn, states that only non-profit religious, charitable,
social service, or similar organizations recognized by the Board of Immigration Appeals may be so classified.
In this case, the record fails to establish that _ falls within any of the categories of representatives
authorized by the regulations to file an appeal on behalf of the petitioner. The fact that claims to
be affiliated with a member of the Bar of the State of Texas in Item #3 on the Form G-28 will not permit him
to sign the Form I-290B as a representative for two reasons. First, _ did not sign a Form G-28.
To the contrary, the G-28 in the record was signed by the non-attorney, unauthorized representative, II.
_ Therefore, as an attorney or authorized representative had not entered his appearance initially, any
claimed delegation of authority under Item #3 on the Form G-28 by that attorney would have no effect.
Second, even if had entered his appearance on a Form G-28, Item #3 cannot be used to delegate
authority to file and sign documents to an individual who is not otherwise authorized to do so under the
regulations. The regulations clearly define who may represent a petitioner and sign immigration forms, and
authorized representatives may not expand upon this definition by using the Form G-28 to delegate signature
authority to otherwise unauthorized representatives, e.g., a notario, notario publico, notary public, paralegal,
secretary, assistant, or immigration consultant.
SRC 04 14652150
Page 3
"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)(l).
Therefore, as _ is not entitled and not authorized to represent the petitioner in this matter, the
appeal must be rejected as improperly filed.
ORDER: The appeal is rejected.