dismissed EB-1C Case: Automotive Services

U.S. Citizenship 
and Immigration 
Services 
MATTER OF J-E-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 4, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an automobile parts and services company, seeks to permanently employ the 
Beneficiary as its President under the multinational manager or executive immigrant classification. 
See Immigration and Nationality Act (the Act) § 203(b)(1)(C), 8 U.S.C. § 1153(b)(l)(C). The 
Director, Texas Service Center, denied the petition. The matter is now before us on appeal. The 
appeal will be summarily dismissed. 
In denying the petition, the Director determined that the evidence of record did not establish that the 
Beneficiary will be employed in a qualifying managerial or executive capacity. 
The Petitioner subsequently filed a timely appeal on October 23, 2015. The Petitioner marked Box 
1(b) in Part 3 of the Form I-290B, Notice of Appeal or Motion, indicating that a brief and/or 
additional evidence would be submitted within 30 days. However, the record indicates that the 
Petitioner has not supplemented the record with any additional submissions. Accordingly, the record 
will be considered complete as presently constituted. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part: "An officer to whom an appeal is 
taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any 
erroneous conclusion of law or statement of fact for the appeal." 
The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as 
a basis for the appeal. As noted, the Petitioner did not provide a brief or additional evidence in 
support of the appeal despite indicating on the Form I-290B that it intended do so. Moreover, the 
Petitioner did not provide with its appeal a separate statement regarding the basis of the appeal, as 
instructed at Part 4 of the Form I-290B. A petitioner filing an appeal is required to provide a 
statement that specifically identifies an erroneous conclusion of law or fact in the decision being 
appealed. Here, the Petitioner has made no reference or objection to the specific findings set forth in 
the director's decision. Therefore, consistent with 8 C.F.R. § 103.3(a)(1)(v), the appeal will be 
summarily dismissed. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361; Matter of Otiende, 26 I&N Dec. 127, 
Matter of J-E-, Inc. 
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 sustained that burden. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter of J-E-, Inc., ID# 16578 (AAO Feb. 4, 2016) 
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