dismissed EB-1C

dismissed EB-1C Case: Consumer Goods Distribution

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Consumer Goods Distribution

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the original denial, as required by regulation (8 C.F.R. ยง 103.3(a)(1)(v)).

Criteria Discussed

Procedural Grounds For Appeal Employer-Employee Relationship

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View Full Decision Text
P1JBL1C COpy 
DATE: 
APR 1 1 2012 
INRE: 
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 
OFFICE: TEXAS SERVICE CENTER 
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. ยง 1153(b)(1)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or 
Motion, with a fee of$630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
l , .... 
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 distributor of consumer goods 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)(1)(C) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. ยง 1 1 53(b)(1)(C), as a multinational executive or manager. 
On April 12, 2010, the director denied the immigrant petition determining that the petitioner 
failed to establish that the beneficiary will be an employee of the petitioner. 
On March 13, 2010, the petitioner submitted the Form I-290B to appeal the director's denial. 
The petitioner marked the box at part two of the Form I-290B to indicate that a brief and/or 
additional evidence will be submitted to the AAO within 30 days. The AAO never received a 
brief or additional evidence, and thus deems the record complete. 
On the Form I-290B, counsel states that the "denial was based on matters not raised in the 
Request for Additional Evidence," and that the director "applied the incorrect law in rendering 
the decision of denial." 
The petitioner fails to identify any erroneous conclusion of law or statement of fact for the 
appeal. An officer to whom an appeal is taken shall summarily dismiss any appeal when the 
party concerned fails to identify specifically any erroneous conclusion oflaw or statement of fact 
for the appeal. 8 C.F.R. ยง 103.3(a)(1)(v). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 ofthe Act, 
8 U.S.c. ยง 1361. The petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed. 
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