dismissed EB-1C

dismissed EB-1C Case: Automotive Parts

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Automotive Parts

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief or identify any specific error of law or fact in the director's decision. Despite being granted an extension, the petitioner did not provide any further correspondence or basis for the appeal.

Criteria Discussed

Employment Abroad In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF Z-I- LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 8, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an importer and exporter of tires and other automobile parts and supplies, seeks to 
permanently employ the Beneficiary as its executive manager for customer support under the first 
preference immigrant classification for multinational exe~utives or managers. See Immigration and 
Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง 1153(b)(l)(C). This classification allows a 
U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an 
executive or managerial capacity. 
The Director, Texas Service Center, denied the petition, concluding that the evidence of record did 
not establish that the Beneficiary has been employed abroad in a managerial or executive capacity. 
The matter is now before us on appeal. We will summarily dismiss the appeal. 
I. LEGAL FRAMEWORK I 
An officer will summarily dismiss an appeal when the Petitioner does not identify specifically any 
erroneous conclusion oflaw or statement of fact for the appeal. 8 C.F.R. ยง 103.3(a)(l )(v). 
II. DISCUSSION 
The Petitioner filed the appeal on June 10, 2016. The Petitioner marked Box 1 (b) in Part 3 of the 
Form I-290B, Notice of Appeal or Motion, to indicate that it would submit a brief and/or additional 
evidence within 30 days of filing the appeal. However, we did not receive a brief or additional 
evidence within the allotted timeframe. Moreover, the Petitioner did not provide a separate 
statement regarding the basis ofthe appeal, as instructed at Part 4 of the Form I-290B. 
On July 12, 2016, we received counsel's "Emergency Request for 30 Days Extension to Submit 
Brief." We did not receive any further correspondence when the requested 30 days elapsed. 
On November 2, 2016, we contacted counsel at the contact information of record, stating that we had 
not received any brief. We granted counsel a final 15 days to submit the brief. This period has now 
expired, and we have received no further response. Accordingly, we consider the record to be 
complete. 
Matter ofZ-1- LLC 
Upon review of the appeal, we conclude that the Petitioner has not specifically identified any 
erroneous conclusion of law or statement of fact as a basis for the appeal. Further, the Petitioner has 
made no reference or objection to the specific findings set forth in the Director's decision. 
III. CONCLUSION 
The burden is on the Petitioner to show eligibility for the immigration benefit sought. Section 291 of 
the Act, 8 U.S.C. ยง 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Because the 
Petitioner has not specifically identified an erroneous conclusion of law or a statement of fact in this 
proceeding, the Petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed pursuantto 8 C.F.R. ยง 103.3(a)(l)(v). 
Cite as Matter ofZ-1- LLC, ID# 76262 (AAO Dec.' 8, 2016) 
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