dismissed O-1A Case: Business

(b)(6)-.. 
Date: Office: VERMONT SERVICE CENTER FILE: 
APR 0 5 2013 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(0)(i) of the 
Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
do_cuments related to t~is matter have been returned to the office that originally decided your 
case. Please be advised that any further inquiry that you might have concerning your case must 
. be made to that office. · 
r ~- _:._;;~· : . -..,;.w-- • 
.,_ · .... · 
fl" • ..•• :'_!.· . _ ... 
. ~- . . 
Ron Rosenberg. 
Acting Chief, Administrative Appeals Office 
. www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition, and 
the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
rejected. 
The petitioner filed this petition seeking to classify the beneficiary as an 0-1 nonimmigrant 
pursuant to section 101(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101(a)(15)(0)(i), as an alien of extraordinary ability in the field of business. The petitioner 
states that it operates a real estate development company in the United States. It seeks to employ 
the beneficiary in the position of chief executive officer for a period of three years. 
· The director denied the petition concluding that the petitioner failed to establish that the 
beneficiary has received "sustained national or international acclaim" or to demonstrate that he is 
one of the small percentage who has risen to the very top of his field of ~;:ndeavor. Specifically, 
the director determined that the evidence submitted did. not satisfy the criteria set forth at 
8 C.F.R. § 214.2(o)(3)(iii)(A) or at least three of the eight criteria set forth at 8 C.F.R. 
§ 214.2(o)(3)(iii)(B). 
Effective March 4, 2010, the regulation ~t 8 C.F.R. § 292.4(a) requires that a "new [Form G-28] 
must be filed with an appeal filed with the [AAO]." Title 8 C.F.R. § 292.4(a) further requires that 
the Form G-28 "must be properly completed and .signed by the petitioner, applicant, or respondent 
to authorize representation in order for the 1;1ppearance to be recognized by DHS." Although 
counsel in this matter previously entered his appearance prior to the instant Form 1-129's 
adjudication on December 7, 2010, the record does not contain a new, properly executed Form 
· G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, personally 
signed by both counsel and by an authorized official of the petitioning entity for the Form 
I-290B, Notice of Appeal, filed with the AAO. 
On ·March 19; 2013, the AAO sent a request for a new Form G-28 to counsel via facsimile -
transmission. Sp'ecifically, the AAO advised that without a new,. valid, and fully executed Form 
G-28, signed by an official of the petitioning entity authorizing counsel to represent the 
petitioner, the· AAO would not consider the. appeal to have been properly filed. Pursuant to 
8 C.F.R. § 103.3(a)(2)(v)(A)(2) and its sub-clauses, counsel was instructed to submit a duly 
executed Form G-28 by mail or fax within ten calendar·days. Counsel was further advised that · 
failure to timely respond to the AAO's request would result in the rejection of the appeal. As of 
the date of this decision, no correspondence has been received. 
·Absent a new and properly executed Form G-28, counsel cannot be considered the petitioner's 
attorney of record with regard to the appeal currently before· the AAO. U.S. Citizenship and 
Immigration Services regulations specifically prohibit the filing of an appeal by an attorney or 
representative· without a properly executed Form G-28 entitling that person to file the appeal. 
8 C.F.R. § 103.3(a)(2)(v)(A)(2)(i). · 
(b)(6)
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). As counsel is not ·a recognized party in the. Form 1-2908 · 
proceeding, counsel is not authorized to file. an appeal. /d.; 8 C.F.R. § 103.3(a)(l)(iii)(B). 
As the appeal.was not properly. filed, it must be rejected, 8 C.F.R. § 103.3(a)(2)(v)(A)(J). 
ORDER: The appeal is rejected. ·