dismissed EB-1C Case: General Services

U.S. Deoartment of Homeland Security 
20  as^ Ave N U' . Rm 43042 
Wash~ngton DC 20529 
@ 
U.S. Citizenship 
and Immigration 
'~ND stL Services 
s = 
Office- VERMONT SERVICE CENTER Date. J~N J 1 
IN RE. Pet~t~oner 
Benefic~ary: c 
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. 5 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Ofice in your case. All docunients have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Administrative Appeals Office 
4 
DISCUSSION: The Director, Vermont Service Center, denied the employment-based petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is a limited liability company organized in the State of Virginia in August 2002. It claims it 
provides general services. It seeks to employ the beneficiary as its president and chief executiw officer. 
Accordingly, the petitioner endeavors to classify the beneficiary as an en~ployment-based immigrant pursuant 
to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1153(b)(l)(C), as a 
multinational executive or manager. 
The director determined that the petitioner had not submitted sufficient evidence to establish that the 
beneficiary would be employed in a managerial or executive capacity for the United States entity. 
The regulation at 8 C.F.R. $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." 
On the Form I-290B Notice of Appeal, filed on August 24, 2004, the petitioner indicates that a brief and/or 
evidence would be submitted within 30 days. To date, careful review of the record reveals no subsequent 
submission; all other documentation in the record predates the issuance of the notice of decision. The Form 
l-290B does not contain a statement identifying the basis of the appeal. 
The petitioner docs not identify an erroneous conclusion of law or a statement of fact in the director's decision as 
a basis for the appeal; thus, the regulations mandate the summary dismissal of the appeal. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the 
petitioner. Section 29 1 of the Act, 8 U.S.C. 5 1 36 1. Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed