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 meet the burden of proof. After indicating an intention to provide a brief or additional evidence, counsel did not supplement the record and therefore failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision.

Criteria Discussed

Employment Abroad In A Qualifying Managerial Or Executive Capacity Employment In The U.S. In A Qualifying Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact On Appeal

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(b)(6)
DATE: AUG 0 4 2014 OFFICE: TEXAS SERVICE CENTER 
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 
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. ยง 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO. 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
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 corporation that seeks to employ the beneficiary as its 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. The director denied the petition, concluding that the petitioner was ineligible based on 
the following findings: (1) the beneficiary was not employed abroad in a qualifying managerial or executive 
capacity; and (2) the beneficiary would not be employed in the United States in a qualifying managerial or 
executive capacity. 
On appeal, counsel submitted a properly executed Form I-290B asserting that the denial contradicts the facts 
and law. Counsel marked Box B on the Form I-290B, indicating his intention to provide a brief and/or 
additional evidence within 30 days of filing the appeal. The record shows no evidence that the record has 
since been supplemented in accordance with counsel's original intent. Therefore, the record will be 
considered complete as presently constituted. 
The regulation at 8 C.P.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 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. 
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