dismissed
EB-1C
dismissed EB-1C Case: Fashion And Apparel
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact as a basis for the appeal, as required by 8 C.F.R. ยง 103.3(a)(l)(v). The petitioner also did not submit a brief or additional evidence after indicating it would do so.
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
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MATTER OF K-K-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 31, 2018 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a fashion and apparel company, seeks to permanently employ the Beneficiary as its chief executive officer under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง 1153(b)(l)(C). This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary would be employed in a managerial or executive capacity. The matter is now before us on appeal. The Petitioner's submission on appeal consists solely of a Form I-290B, Notice of Appeal or Motion, on which the Petitioner marked Box l.b. in Part 2, indicating that it would submit a brief and/or additional evidence to this office within 30 calendar days of filing the appeal. The appeal was filed more than 30 days ago; however, we have not yet received a brief or additional evidence. Upon review, we will summarily dismiss the appeal. The regulation at 8 C.F.R. ยง 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 of fact for the appeal. The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. The Petitioner has not provided a brief or additional evidence in support of the appeal. Moreover, the Petitioner did not submit with its appeal a separate statement regarding the basis of the appeal, as instructed at Part 3 of the Form I-290B. Therefore, consistent with 8 C.F.R. ยง 103.3(a)(l)(v), we will summarily dismiss the appeal. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter of K-K-, Inc., ID# 1212813 (AAO July 31, 2018)
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