dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the original decision. The petitioner's counsel stated an intent to submit a brief and additional evidence but failed to do so for over thirteen months, thereby failing to meet the burden of proof.
Criteria Discussed
Qualifying Relationship Between U.S. And Foreign Entities
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identity ins data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC COpy FILE: INRE: Petitioner: Beneficiary: TEXAS SERVICE CENTER 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 fEB 2 4 2011 Date: 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 I 153(b)(1)(C) ON BEHALF OF PETITIONER: 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 1-290B, 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 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 Florida corporation that seeks to employ the beneficiary as its chief executive officer of product and advertisement. 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 1153(b)(1)(C), as a multinational executive or manager. On December 7,2009, the director denied the petition based on the determination that the petitioner failed to establish that it is a multinational entity that has a qualifying relationship with the beneficiary's foreign employer as required by 8 C.F.R. ยง 204.5G)(3)(i)(C). On appeal, counsel, on behalf of the petitioner, disputes the director's conclusion and states that a brief and/or additional information would be submitted within 30 days of the appeal. Counsel claims that the beneficiary meets the filing requirements and is "in possession of substantial supporting documentation" which establishes that the filing requirements have been satisfied. Counsel's statements did not, however, explain which documents specifically address the primary deficiency that served as the basis for the director's decision, i.e., the lack of evidence establishing a qualifying relationship between the petitioner and the beneficiary'S foreign employer. See 8 C.F.R. ยง 204.5G)(2). Additionally, with regard to the submission of further evidence and/or information in support of the appeal, the AAO notes that more than thirteen months have passed since the appeal was filed and the record has not been supplemented with any additional evidence or information. Accordingly, the record will be considered complete as currently constituted. The regulation at 8 C.F.R. ยง 103.3(a)(1)(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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