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, as required by regulation. The petitioner also failed to submit a promised brief or additional evidence within the more than two years that had passed since filing the appeal.
Criteria Discussed
Failure To Identify Specific Error Of Law Or Fact
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identitying data deleted to prevent clc:" 'PWar '. ". ranted invasIOn of personal . pnvaq PrrRl.rC COpy Date: NOV 1 6 2011 Office: TEXAS SERVICE CENTER IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 \IIassachusetts 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)( I )(C) of the Immigration and Nationality Act, 8 U.S.c. ยง I I 53(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 1-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(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 an inactive Florida corporation that seeks to employ the beneficiary as its chief executive officer. Accordingly, the petitioner endeavors to classifY the beneficiary as an employment-based immigrant pursuant to section 203(b)(I )(C) of the Immigration and Nationality Act (the Act), 8 U .S.C. ยง 1153(b)( I )(C), as a multinational executive or manager. On July 13,2009, the director denied the petition based on the determination that the petitioner failed to meet the eligibility requirements listed at 8 C.F.R. ยงยง 204.5(j)(3)(i) and (5). On appeal, the beneficiary, 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. The beneficiary indicated that she was submitting "all corporate papers," but provided no information about the documents she claimed would be submitted. The remainder of the documents that were submitted at the time of the appeal included a notarized affidavit and two letters, all three documents written by the beneficiary, who indicated that the petitioner submitted supporting documents. With regard to the submission of further evidence and/or information in support of the appeal, the AAO notes that two years and three 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)(I)(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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