dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's decision. Although the petitioner indicated an intention to provide a brief and/or additional evidence, none was submitted, thereby failing to meet the burden of proof.
Criteria Discussed
Qualifying Employment Abroad (Managerial/Executive Capacity) Failure To Identify Error On Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
(b)(6) DATE: MAR 1 6 2015 OFFICE: NEBRASKA SERVICE CENTER IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Security U. S. Citizenship and Immigration Service Administrative Appeals Office (AAO) 20 Massachusetts Ave. N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: 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. § 1 153(b)(l)(C) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. § 1 03.5. Do not file a motion directly with the AAO. �(J you, [}/· � senberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENTDEC�JON 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 a limited liability company that seeks 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)(I)(C), as a multinational executive or manager. The director denied the petition, concluding that the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity. Although the petitioner submitted a properly executed Form 1-2908 indicating that the director's decision was being appealed, the appeal does not dispute or address the director's adverse findings. Rather, the petitioner marked Box B on the Form 1-2908, indicating its intention to provide a brief and/or additional evidence within 30 days of filing the appeal. The record shows no evidence that the record has since been supplemented in accordance with the original intent. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. § I 03.3(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 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.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.