dismissed
EB-1C
dismissed EB-1C Case: 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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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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