dismissed EB-1C Case: Import/Export

PlJB'LleCOpy
U.s. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
File:
EAC 02 276 54543
Office: VERMONT SERVICE CENTER Date:FEB 0 6 2008
INRE: Petitioner:
Beneficiary:
Petition: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(C)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
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.
Robert P. Wiemann, Chief
~ministrative Appeals Office
'www.uscis.gov
Page 2
DISCUSSION: The Director, Vermont Service Center, denied the employment-based visa petition. The
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily
dismissed.
The petitioner is a corporation organized in the State of New York in May 2001. It claims to be engaged in
import, export, and wholesale trade. It seeks to employ the beneficiary as its 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. § 1153(b)(l)(C), as a multinational
executive or manager.
The director denied the petition September 29, 2004, determining that the petitioner had not established that:
(1) the beneficiary had been employed by the foreign entity in a managerial or executive capacity prior to
entering the United States as a nonimmigrant; or (2) 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 October 14, 2004, the petitioner indicated that a brief and/or
evidence would be submitted within 30 days. To date, careful review of the record reveals no subsequent
submission concerning the multinational executive or manager petition. The petitioner does not provide a
statement on the Form I-290B as a basis for the appeal.
Inasmuch as the petitioner does not identify specifically an erroneous conclusion· of law or a statement of fact
as a basis for the appeal, the regulations mandate the summary dismissal of the appeal.
The petition will be denied for the above stated reasons, with each considered as an independent and
alternative basis for denial. 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. § 1361. Here, that burden has
not been met.
ORDER: The appeal is summarily dismissed.