dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or any additional evidence within the 30-day timeframe. The petitioner's counsel did not identify any specific erroneous conclusion of law or statement of fact in the initial decision, which is grounds for a summary dismissal.
Criteria Discussed
Qualifying Relationship Managerial Or Executive Capacity (Foreign Employment) Managerial Or Executive Capacity (U.S. Employment) Ability To Pay Wage
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k'entifyi,ng data deleted to prevcn.t cleady unwarr~nted invasion of personal privacy PUBLIC COpy 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 DATE: FEB 1 3 2012 OFFICE: NEBRASKA SERVICE CENTER INRE: Petitioner: Beneficiary: 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: 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_ 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)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, (jQ@, ..... . PerryRhew Chief, Administrative Appeals Office www.uscis.gov ( Page 2 DISCUSSION: The director of the Nebraska Service Center revoked the previously approved immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is a California 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)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.c. ยง 1 1 53(b)(1)(C), as a multinational executive or manager. On February 4, 2010, the director revoked the previously approved immigrant petition for the following grounds: (1) failure to establish the existence of a qualifying relationship; (2) failure to establish that the beneficiary's employment abroad was within a qualifying managerial or executive capacity; (3) failure to establish that the beneficiary'S proposed employment with the U.S. entity would be within a qualifying managerial or executive capacity; and (4) failure to establish the ability to pay the beneficiary's proffered wage. On February 12, 2010, counsel for the petitioner submitted the Form I-290B to appeal the revocation of the underlying petition. The petitioner marked the box at part two of the Form 1- 290B to indicate that the brief and/or additional evidence will be submitted to the AAO within 30 days. The AAO never received the brief and/or additional evidence in support of the appeal. Thus, the AAO deems the record complete as currently constituted. On the Form I-290B, counsel for the petitioner states the following: Documents and evidence provided and to be provided will establish the qualifying relationship between the US subsidiary company and the overseas parent company. The beneficiary has worked at the foreign entity for one year during the requisite period of time. 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. 8 C.F.R. ยง 103.3(a)(1)(v). Counsel for the petitioner fails to identifY any erroneous conclusion of law or statement of fact for the appeal. As no additional evidence is presented on appeal to overcome the decision of the director, the appeal will be summarily dismissed in accordance with 8 C.F.R. ยง 1 03.3(a)(1 )(v). The burden of proof in these proceedings rests solely with the petitioner. Section 291 ofthe Act, 8 U.S.C. ยง 1361. The petitioner has not sustained that burden. ORDER: The appeal is summarily dismissed. The petition is denied.
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