dismissed O-1B Case: Wood Carving

U.S. Department of Homeland Security 
20 Mass. Ave., NW, Rm. 3042 
MdC 
prevent clearly unwmt~ 
invasioo of pnYacY 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
PUBCIC COPY 
PETITION: 
 Petition for Nonimmigrant Worker Pursuant to Section 101 (a)(15)(0)(i) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1101(a)(15)(0)(i) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
thz office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 04 187 50327 
Page 2 
DISCUSSION: The nonirnmigrant visa petition was denied by the Acting Director, Vermont Service Center, 
and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected. 
The petitioner designs and distributes olive word carvings and figurines. The beneficiary is an olive wood carver 
and designer. The petitioner seeks 0-1 classification of the beneficiary as an alien with extraordinary ability in the 
arts under section lOl(a)(15)(0)(i) of the Immigration and Nationality Act (the Act), 8 U.S.C. 9 
1 101(a)(15)(0)(i), in order to continue to employ him as an artist for a period of three years at a monthly salary of 
$2,000. 
The regulation at 8 C.F.R. 9 103.3(a)(l)(iii) states, in pertinent part: 
(B) Meaning of aflected party. For purposes of this section and $9 103.4 and 103.5 of this 
part, aflectedpaty (in addition to the Service) means the person or entity with legal standing 
in a proceeding. It does not include the beneficiary of a visa petition. 
The regulation at 8 C.F.R. § 103.3(a)(2)(v) states: 
Improperly filed appeal - (A) Appeal filed by person or entity not entitled to file it - (I) 
Rejection without refund ofjling fee. An appeal filed by a person or entity not entitled to 
file it must be rejected as improperly filed. In such a case, any filing fee the Service has 
accepted will not be refunded. 
Only an affected party, a person or entity with legal standing, may file an appeal of an unfavorable decision. It is 
noted that the only G-28, Notice of Entry of Appearance as Attorney or Representative, in the record of 
proceeding is on behalf of the beneficiary, and has been signed by the beneficiary and not by the petitioner. The 
appeal has not been filed by the petitioner, nor by any entity with legal standing in the proceeding, but rather, by 
counsel for the beneficiary. Therefore the appeal has not been properly filed and must be rejected. 
ORDER: The appeal is rejected.