This seems to be a very basic question, but it comes up with surprising frequency: Can a beneficiary appeal their immigration petition case? For example, if the husband (petitioner) sponsors the I-130, the case is denied, and the husband doesn’t wish to appeal but the wife does. Can wife (beneficiary) appeal? What about if an employer doesn’t want to keep pushing the H-1B, but the employee does?

No – the beneficiary is out of luck. 8 CFR 103.2(a)(3) says “A beneficiary of petition is not a recognized party” for immigration petitions. But there are some interesting exceptions.

Remember that certain petitions are self-sponsored by the beneficiary. For example, EB-1As and National Interest Waivers are filed by a petitioner who is also the beneficiary.

Second, in the case of AC21 cases, where an employee changes employer and the former employer sponsored petition is being challenged, the employee may step in to appeal the case. In those cases the beneficiary has standing to appeal that revocation, as further detailed in https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-11-11-PM-602-0152-Guidance-Beneficiary-Standing-Matter-of-V-S-G.pdf

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