dismissed
EB-1C
dismissed EB-1C Case: 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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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) 2
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