dismissed EB-1C

dismissed EB-1C Case: Business Management

📅 Date unknown 👤 Company 📂 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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