dismissed
EB-1C
dismissed EB-1C Case: International Trade
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a brief or evidence after filing the appeal. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact in the director's decision, which is required to sustain an appeal.
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Specific Error On Appeal
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 Sec~~rity 20 Massachusetts Ave., N.W., Rrn. 3000 Washington, DC 20529 PUBLIC COPY U. S. Citizenship and Inmigration @tieing date deleted to pvat dearly marranted kw- of pasonid privacy Office: VERMONT SERVICE CENTER EAC 03 23 1 50801 Date: HAY 1 5 m7 IN RE: Petitioner: Beneficiary: 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 1 153(b)(l)(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. "4 Ip ert P. Wiema , Chief 94" inistrative Appeals Office DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonirnrnigrant visa. 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 July 2002. It states that it is engaged in the international trade of woodworking machinery, timber, furniture and decorative items. The petitioner 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 on July 27, 2006, concluding that the petitioner did not establish that the beneficiary would be employed in the United States in a primarily managerial or executive capacity. The petitioner subsequently filed an appeal on August 28, 2006. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. On the Form I-290B, Notice of Appeal, the petitioner indicated that it would send a brief and/or evidence to the AAO within 30 days. As no additional evidence has been incorporated into the record, the AAO attempted to contact the petitioner by facsimile to request that the petitioner acknowledge whether the brief and/or evidence were subsequently submitted, and, if applicable, to afford the petitioner an opportunity to re-submit the documents within five business days. The facsimile number on record for the petitioner was no longer in service. The petitioner did not provide a contact telephone number on the Form I-290B, and an attempt to contact the petitioner at the telephone number on record was unsuccessful. Accordingly, the record will be considered complete. To establish eligibility under section 101(a)(15)(L) of the Act, the petitioner must meet certain criteria. Specifically, within three years preceding the beneficiary's application for admission into the United States, a firm, corporation, or other legal entity, or an affiliate or subsidiary thereof, must have employed the beneficiary for one continuous year. Furthermore, the beneficiary must seek to enter the United States temporarily to continue rendering his or her services to the same employer or a subsidiary or affiliate thereof in a managerial, executive, or specialized knowledge capacity. Regulations at 8 C.F.R. $ 103.3(a)(l)(v) state, 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. Upon review, the AAO concurs with the director's decision and affirms the denial of the petition. 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. tj 1361. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact in support of the appeal, the petitioner has not sustained that burden. 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.