dismissed EB-1C Case: Business Management

(b)(6)
DATE: FEB 0 1 2013 
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 
OFFICE: TEXAS SERVICE CENTER 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(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 t4at originally 
decided yo'ur 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 in 
accordance with the instructions · on Fonn I-290B, Notice of Appeal . or Motion, with a · fee of $630. The 
specific requirements for filing such a request can be found at 8 C .F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 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, 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscls.gov 
(b)(6)
Page2 
DISCUSSION: The Director, Texas Service ,Center, denied the nonimmigrant visa petition. 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 sought to employ the beneficiary as its general manager. 
· 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. · 
After reviewing the evidence submitted, the director determined that the petitioner failed to establish 
that it would employ the beneficiary in a managerial or executive .capacity. The director commented 
on the petitioner's limited support staff and determined that the petitioner would not be able to 
relieve the beneficiary from having to allocate her time primarily to tasks of a qualifying nature. 
Accordingly, the director issued a decision dated July 27, 2002 denying the petition. 
On August 27, 2002, the beneficiary, through counsel, filed a Form I-290B with the service center, 
indicating his intention to supplement the record with a brief and/or additional evidenc~ in support of 
the appeal within 30 days of filing the Form I-290B. The record contains no indication that any 
further submissions were received into the record. Therefore, the record must be considered 
complete as presently constituted. Having said that, the AAO observes that counsel did not dispute 
the director's denial on the Form I-290B, nor did he state the basis for filing the appeal. 
The regulation at 8 C.F.R. § 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 ofprovfug eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. Inasmuch as the Form I-290B did not 
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. :