dismissed EB-1C

dismissed EB-1C Case: Finance

📅 Date unknown 👤 Company 📂 Finance

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the original denial. Counsel stated an intent to submit a brief or additional evidence but failed to do so, thus not meeting the burden of proof required for an appeal.

Criteria Discussed

Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact

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U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Office ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
SRC 05 058 51439 MAY 1 4 2010 
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. $ 1153(b)(l)(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. $ 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 $585. Please be aware that 8 C.F.R. 5 103.5(a)(l)(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 
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 Florida corporation that seeks to employ the beneficiary as its financial manager 
and vice president. Accordingly, the petitioner endeavors to classify the beneficiary as an 
employment-based immigrant pursuant to section 203(b)(l)(C) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 5 1 153(b)(l)(C), as a multinational executive or manager. The director 
denied the petition based on the determination that the petitioner failed to establish that it would 
employ the beneficiary in a managerial or executive capacity. 
On appeal, counsel asserts that the director's decision is erroneous and states that a brief andlor 
additional information would be submitted within 30 days in support of the appeal. However, over 
fourteen months have passed since the filing of the appeal and there is no evidence that the petitioner 
supplemented the record with any additional evidence or information addressing the ground cited for 
denial. Accordingly, the record will be considered complete as currently constituted. 
The regulation at 8 C.F.R. 5 103.3(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. 
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. 5 1361. Inasmuch as counsel has failed to 
identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the 
petitioner has not sustained that burden. Therefore, the appeal will be summarily dismissed. 
ORDER: The appeal is summarily dismissed. 
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