dismissed EB-1C

dismissed EB-1C Case: Business

📅 Date unknown 👤 Company 📂 Business

Decision Summary

The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence to support the appeal after filing the initial notice. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact from the director's decision, which is a requirement for the appeal to be considered on its merits.

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
(b)(6)
DATE: . APR 1 0 201fFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner : 
Beneficiary: 
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 IIil.migration 
Services 
FILE: 
. . . 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) ofthe Immigration and Nationality Act, 8 U.S.C. § ll53(b)(I)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
. . .. - I, 
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. § 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 $585. Please be aware that 8 C.F.R. § I 03.5(a)(l)(i) require·s that any motion must be filed 
within30 days of the decision that the motion seeks to reconsider or-reopen. 
Thank you; 
. ~~i:'S· · ·· . w · ~ .. -~- ·: .. :< - - ~~' : .·.· 
Ron R __ ber 
Acting Chief, Administrative Appeals Office 
nw.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter 'is now before the Administrative Appeals Office (AAO} on appeal. The appeal will be summarily 
dismissed. · 
The petitioner is a. limited liability company that was organized in the State of Minnesota. It seeks to employ 
the beneficiary as its executive director~ 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. § 1153(b)(l)(C), as a.multinational executive or manager. 
The director. denied the petition, concluding that the petitioner failed to establish that the beneficiary was 
employed abroad in a managerial or executive capacity. 
Although counsel submitted a properly executed Form I-290B on August 10, 2012 indicating· that the 
· director's decision was being appealed and that a brief and/or additional information would.be submitted 
within 30 days in support of the appeal, there is no evidence that the record has been· supplemented with any 
additional evidence or information to this day, more than seven . months since the appeal was filed. 
Accordingly; the record will be considered complete as currently constituted. 
The regulation at 8. C.F.R. § 103.3(a)(l)(v) states, in pertinent part: 
An offic"er to whom an appeal is taken shall summarily dismiss any appeal whe·n 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. § 1361. . 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. 
l 
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