dismissed
EB-1C
dismissed EB-1C Case: Hospitality
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the original decision. Counsel indicated a brief and/or additional information would be submitted, but none was received.
Criteria Discussed
Qualifying Relationship Qualifying Employment Abroad Foreign Entity Doing Business Failure To Identify Error Of Law Or Fact
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security U. S. Clt~zenshlp and Imm~grat~on Semces Oflice of Admlnlstratlve Appeals MS 2090 Wash~ngton, DC 20529-2090 identieing data deleted to prevent clearly un.vamted invasion of persond privacy U.S. Citizenship and Immigration Services SRC 07 059 52186 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: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 9 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Fonn I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). &2, L.. 4 C' John F. *&J Grissom Acting Chief, Administrative Appeals Office 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 hotelier. 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. kj 1 153(b)(l)(C), as a multinational executive or manager. The director denied the petition based on three independent findings of ineligibility: 1) the petitioner failed to establish that the foreign employer has a qualifying relationship with the U.S. petitioner; 2) the petitioner failed to establish that the beneficiary was employed abroad for at least one year in a qualifying managerial or executive capacity with the foreign employer; and 3) the petitioner failed to establish that the foreign entity was doing business at the time the petition was filed. On appeal, counsel asserts that the director erred in his interpretation and application of the law. Counsel also indicated that a brief and/or additional information would be submitted within 30 days in support of the appeal. It is noted that the appeal was received by U.S. Citizenship and Immigration Services on February 20, 2008. To date, however, no further evidence or information has been received into the record. 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 the petitioner 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.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.