dismissed
EB-1C
dismissed EB-1C Case: 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
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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.
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