dismissed
EB-1C
dismissed EB-1C Case: Construction Material Distribution
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 counsel indicated a brief and/or additional evidence would be submitted, none was ever received by the AAO.
Criteria Discussed
Qualifying Managerial Or Executive Capacity
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identifyingdatadeletedto preventclearlyunwarranted invasionofpersonalprivacy PUBLICCOPY U.S.Departmentof HomelandSecurity U. S.CitizenshipandImmigrationServices AdministrativeAppealsoflice(AAO) 20MassachusettsAve, N.W.,MS2090 Washington.DC 20529-2090 U.S.Citizenship and Immigration Services DATE: AUG 0 9 2012 OFFICE:TEXASSERVICECENTER FILE: IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor AlienWorkerasaMultinationalExecutiveor ManagerPursuantto Section203(b)(1)(C)of theImmigrationandNationalityAct, 8U.S.C.§ 1153(b)(1)(C) ON BEHALFOFPETITIONER: INSTRUCTIONS: Enclosedpleasefind thedecisionof theAdministrativeAppealsOffice in yourcase.All of thedocuments relatedto this matterhavebeenreturnedto theofficethatoriginallydecidedyourcase.Pleasebeadvised that any further inquiry that you might have concerning your casemust 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 reconsideror a motion to reopenin accordancewith the instructionson Form I-290B, Notice of Appeal or Motion, with a fee of $630. The specificrequirementsfor filing sucha motioncanbe foundat 8 C.F.R.§ 103.5.Do not file any motion directly with the AAO. Pleasebeawarethat8C.F.R.§ 103.5(a)(1)(i)requiresanymotionto befiledwithin 30daysof thedecisionthatthemotionseekstoreconsiderorreopen. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscis.gov Page2 DISCUSSION: The preferencevisa petition was deniedby the Director, TexasServiceCenter. Thematteris nowbeforethe AdministrativeAppealsOffice (AAO) on appeal.Theappealwill be summarilydismissed. The petitioneris engagedin the "distributionof constructionmaterial." It seeksto employthe beneficiaryas its OperationsDirector.The petitionerendeavorsto classifythe beneficiaryas an employment-basedimmigrantpursuantto section203(b)(1)(C)of the ImmigrationandNationality Act (theAct), 8U.S.C.§ 1153(b)(1)(C),asamultinationalexecutiveor manager. OnJanuary25, 2011,thedirectordeniedthe immigrantpetitionconcludingthatpetitionerfailedto establishthatboththebeneficiary'semploymentabroadwith theforeigncompanyandtheproposed employmentwith theU.S.entityarewithin aqualifyingmanagerialor executivecapacity. OnFebruary28,2011,counselfor thepetitionersubmittedtheFormI-290Bto appealthedirector's denial. Counselmarkedthe box at part two of the FormI-290B to indicatethat the brief and/or additionalevidencewill be submittedto the AAO within 30 days. The appealbrief was never receivedby theAAO, thus,theAAO deemstherecordcompleteandreadyfor adjudication. An officer to whom an appealis taken shall summarilydismissany appealwhen the party concernedfails to identifyspecificallyanyerroneousconclusionof law or statementof factfor the appeal.8 C.F.R.§ 103.3(a)(1)(v). In regardsto the director's conclusionthat the petitionerfailed to submitsufficient evidenceto showthe beneficiary'seligibility for the immigrantpetition, the petitionerfails to identify any erroneousconclusionof law or statementof fact for the appeal. The petitionerclaimedthat the immigrantvisa petition shouldbe grantedbut did not provideany evidenceto corroboratethat claim. As no additionalevidenceis presentedon appealto overcomethe decisionof the director, theappealwill besummarilydismissedin accordancewith 8 C.F.R.§ 103.3(a)(1)(v). Theburdenof proof in theseproceedingsrestssolelywith the petitioner. Section291of the Act, 8U.S.C.§ 1361.Thepetitionerhasnot sustainedthatburden. ORDER: Theappealissummarilydismissed.
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