dismissed EB-1C Case: Business Management

(b)(6)
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Admini strative Appeals Office (AAO) 
20 Massachusetts Ave. N.W ., MS 2090 
Washington, DC 20529- 2
090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUN 1 3 2013 - OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner : 
Beneficiary: 
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 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 in 
accordance with the instructions on Form 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.P.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.P.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.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed . 
The petitioner is a Washington limited liability company that seeks to employ the beneficiary in the United 
States as its general manager. The petitioner seeks 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)(1)(C), as a multinational executive or manager. 
On May 4, 2010, the director issued a decision denying the petition based on the common law definition of 
the term "employee" and the petitioner's inability to establish that the beneficiary fits that definition. 
Although counsel submitted a properly executed Form I-290B indicating that the director's decision was 
being appealed, he did not dispute or address the director 's adverse determination. Rather, he indicated that 
an appellate brief and/or additional information would be submitted within 30 days in support of the appeal. 
The record shows that since the June 1, 2010 filing date of the Form I-290B, no additional evidence or 
information has been submitted . Accordingly , the record will be considered complete as currently 
constituted. 
The regulation at 8 C.P.R. § 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. § 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.