dismissed
EB-1C
dismissed EB-1C Case: Food Export
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. Although the petitioner indicated on the Form I-290B that a brief would be submitted, they failed to provide any statement or evidence that identified a specific, erroneous conclusion of law or statement of fact in the Director's decision.
Criteria Discussed
Failure To Identify Specific Error Of Law Or Fact
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U.S. Citizenship and Immigration Services MATTER OF C-F-A-B-C- APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 26. 2017 PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a food export company, seeks to permanently employ the Beneficiary as a ··functional Manager - Market Manager (International Expansion Coordinator)'' under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act section 203(b)(l )(C), 8 U.S.C. § 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 a managerial or executive capacity. The Director of the Texas Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(l)(v). The Petitioner did not provide a statement in support of the appeal that specifically identities an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of the May 5, 2017, filing date. However. we have not received anything further from the Petitioner to date. Because the Petitioner has not identified a specific. erroneous conclusion oflaw or statement of fact in the Director's decision below, the appeal must be summarily dismissed. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 1 03.3(a)(l )(v). Cite as Matter ofC-F-A-B-C-, ID# 691705 (AAO Sept. 26, 2017)
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