dismissed EB-1C Case: Jewelry

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
pw-, &a&,4L41w -- a) - 
Washington, DC 20529 
FILE: EAC 03 137 50695 Office: VERMONT SERVICE CENTER Date: 
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: 
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. 
P. Wiemann, Director 
inistrative Appeals Office 
EAC 03 137 50695 
Page 2 
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 states that it is engaged in the import, export and distribution ofjewelry. It seeks to employ the 
beneficiary as its president, pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the 
Act), 8 U.S.C. 9 1153(b)(l)(C). The director denied the petition concluding that the petitioner had not 
demonstrated that the beneficiary has been and would be employed by the United States entity in a primarily 
managerial or executive capacity. 
On the Form I-290B appeal, counsel simply asserts: 
The President performs managerial executive duties and letters of support from other 
businesses/industries shall be provided. 
Counsel states that a brief or evidence would be submitted to the AAO within 30 days. The appeal was filed 
on March 22, 2004. As of this date, the AAO has received nothing further and the record will be considered 
complete. 
To establish eligibility under section 203(b)(l)(C) 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 continue rendering his or her 
services to the same United States employer or a subsidiary or affiliate thereof in a managerial or executive 
capacity. 
A United States employer may file a petition on Form 1-140 for classification of an alien under section 
203(b)(l)(C) of the Act as a multinational executive or manager. No labor certification is required for his 
classification. The prospective employer in the United States must furnish a job offer in the form of a 
statement which indicates that the alien is to be employed in the United States in a managerial or executive 
capacity. Such a statement must clearly describe the duties to be performed by the alien. 
Upon review, the AAO concurs with the director's decision and affirms the denial of the petition. 
Regulations at 8 C.F.R. 5 103.3(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. 
Inasmuch as counsel has failed to identify specifically an erroneous conclusion of law or a statement of fact in 
this proceeding, the appeal must be summarily dismissed. 
In visa petition proceedings, the burden of proving eligbility for the benefit sought remains entirely with the 
petitioner. Section 291 of the Act, 8 U.S.C. fj 1361. The petitioner has not met this burden. 
ORDER: The appeal is summarily dismissed.