Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2) ·
ON BEHALF OF PETITIONER :
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. All of the documents related to this matter have been return~d to the office that originally decided your case. Please he advised that any further inquiry that you might have concerning your case must be made to that office. Ron Rosenberg
Acting C.hief, Administrative Appeals Office www.uscis.gov
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DISCUSSION: The Director, Nebraska Service Center (director), revoked the approval of the employment-bas~d immigrant visa petition. Counsel to the beneficiary appealed the decision to the _Administrative App·eals Office (AAO). The appeal will be rejected pursuant to 8 C.F.R. § 103.3(a)(2)(v)(A)(J). · _
The petitioner described itself as an IT services company. It sought to employ the beneficiary permanently in the United States as an IT manager pursuant to section 203(b )(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2): As required by statute, a labor certification accompanied the petition. The direcior determined that the job offer was not valid. The director revoked the approval of the petition accordingly.
The record of proceeding contains a properly executed Form G-28, Notice of Entry of Appearance as · Attorney or Accredited Representative, for the beneficiary's representative. The Form 1-2908, Notice of Appeal or Motion, . was signed by the beneficiary's attorney. United States Citizenship and Immigration Services' (USCIS) regulations specifically prohibit a beneficiary of a visa petition, or a representative acting on a beneficiary's behalf, from filing an appeal. 8 C.F.R. § 103.3(a)(l)(iii)(B). No evidence suggests that the petitioner consented to the filing of the appeal.
As the appeal was not properly filed, it will be rejected. 8 C.F.R. § 103.3(a)(2)(v)(A)(J). ORDER: The appeal is rejected.