dismissed EB-1C Case: Computer Software

U.S. Department of Homeland Security 
20 Mass. Ave., N.W.. Rm. A3042 
Washington. DC 20529 
U. S. Citizenship 
and Immigration 
FILE: Office: NEBRMKA SERVICE CENTER Date: JUW ZWb 
IN RE: 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. ij 1 153(b)(I)(C) 
ON BEHALF OF PETITIONER: 
IN-STRUCTIONS: 
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. 
# \ Ro ert P. Wiemann, Director 
0 
drninistrative Appeals Office 
- 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based petition. 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 organized in the State of New York in May 1998 and authorized 
to transact business in the State of Michigan. It develops computer aided engineering and custom software. It 
seeks to employ the beneficiary as its chief executive officer. Accordingly, the petitioner endeavors to 
classify the beneficiary as an employment-based immigrant pursuant to section -203(b)(l)(~) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 3 1153(b)(l)(C), as a multinational executive or 
manager. 
The director determined that the petitioner had not submined sufficient evidence to establish its ability to pay 
the proffered annual wage of $1 75,000. 
The regulation at 8 C.F.R. tj103.3(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." 
On the Form I-290B Notice of Appeal, filed on November 1,2004, counsel for the petitioner indicated that a brief 
andlor evidence would not be submitted. Counsel provided no statement on the Form I-290B, Notice of Appeal. 
The petitioner does not identify an erroneous conclusion of law or a statement of fact in the director's decision as 
a basis for the appeal; thus, the regulations mandate the summary dismissal of 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. Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed.