dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirement of identifying a specific erroneous conclusion of law or statement of fact in the director's decision. Despite indicating an intent to submit a brief or evidence, the petitioner failed to do so for over a year and a half, leading to the dismissal.
Criteria Discussed
Employee Status Failure To Identify Specific Error On Appeal
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identifying data deleted to prevent clearly unwarranted invasion of personal priv~y PUBLIC COpy DATE: JUl 27 2012 INRE: Petitioner: Beneficiary: OFFICE: NEBRASKA 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 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. § lI53(b)(l)(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 AAO inappropriately applied the law in reaching its 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 motion can be found at 8 C.F.R. § \03.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. § \03.5(a)(1)(i) requires any motion to be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, PerryRhew Chief, Administrative Appeals Office www.uscis.gov 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 corporation that seeks to employ the beneficiary as its president. Accordingly, the petitioner endeavors to classifY the beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(C) ofthe Immigration and Nationality Act (the Act), 8 U.S.c. § I I 53(b)(l)(C), as a multinational executive or manager. The director denied the petition based on the determination that the petitioner failed to establish that the beneficiary would be an "employee" of the petitioning entity. On November 18, 2010, the petitioner filed an appeal seeking review of the director's decision. The petitioner indicated that a brief and/or additional evidence would be submitted within 30 days of the appeal. To date, however, one year and eight months since the appeal was filed, the record has not been supplemented with any additional evidence or information. Accordingly, the record will be considered complete as presently constituted. 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 offact 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 oflaw 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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