dismissed EB-1C

dismissed EB-1C Case: Business

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Business

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact made by the director. The initial petition was denied for failure to establish a qualifying relationship with the beneficiary's foreign employer and that the beneficiary was employed abroad in a qualifying managerial or executive capacity.

Criteria Discussed

Qualifying Relationship Employment Abroad In A Managerial/Executive Capacity

Sign up free to download the original PDF

View Full Decision Text
ยท ... 
identifying data deleted to 
prev~nt clearly unwarranted 
invasIOn of personal privac} 
PVBLICCOPY 
DATE: OFFICE: TEXAS SERVICE CENTER 
MAY 0 5 2011 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
u. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(1)(C) 
ON BEHALF OF PETITIONER: SELF -REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
-Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is a Connecticut limited liability company that seeks to employ the beneficiary as its vice 
president. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based 
immigrant pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
ยง 1153(b)(l)(C), as a multinational executive or manager. 
On September 26, 2009, the director denied the petition based on at least two grounds of ineligibility. The 
director found that the petitioner failed to establish: 1) that it has a qualifying relationship with the 
beneficiary's foreign employer; and 2) that the beneficiary was employed abroad in a qualifying managerial or 
executive capacity during the requisite time period. 
On appeal, the beneficiary provides her own personal account of the reasons she wishes for her and her family 
to remain in the United States and explains that she filed the Form 1-140 in an attempt to attain permanent 
resident status. The beneficiary states that the factory where she worked while residing in Brazil is no longer 
in existence. She also indicates that she does not understand how to respond to the director's notice. That 
being said, the AAO notes that the beneficiary does not dispute the grounds upon which the director's adverse 
decision were based. 
The regulation at 8 C.F.R. ยง 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. 
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. ยง 136l. Inasmuch as the petitioner has failed to identify 
specifically an erroneous conclusion of law or a statement of fact in this proceeding, the petitioner has not 
sustained that burden. Therefore, the appeal will be summarily dismissed. 
ORDER: The appeal is summarily dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.