dismissed
EB-1C
dismissed EB-1C Case: Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the director's decision. After filing the appeal, the petitioner's counsel did not submit a brief or any additional evidence to challenge the denial within the allowed timeframe.
Criteria Discussed
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Ability To Pay
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(b)(6) DATE : DEC 3 1 2013 OFFICE: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security U.S. Citizenship and Immigration Service s Admini strative Appeals Office (AAO) 20 Massachusett s Ave. N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services FILE: 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. ยง 1153(b)(l )(C) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions . If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO. Thank you, ,iRon Ros nberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION : The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is a New York limited liability company that seeks to employ the beneficiary as its managing director. 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. ยง 1153(b)(l)(C), as a multinational executive or manager. The director denied the petition, concluding that the petitioner was ineligible based on the following findings: (1) the petitioner does not have a qualifying relationship with the beneficiary's former employer abroad ; (2) the beneficiary would not be employed in the United States in a qualifying managerial or executive capacity; (3) the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity; and (4) the petitioner failed to establish that it had the ability to pay the beneficiary 's proffered wage at the time the petition was filed. Although counsel submitted a properly executed Fmm I-290B indicating that the director's decision was being appealed, she did not dispute or address any of the director's numerous adverse findings. Rather, she restated three of the four grounds listed as the reasons for denial and marked Box B on the Form I-290B, indicating her intention to provide a brief and/or additional evidence within 30 days of filing the appeal. Counsel filed the appeal on September 12, 2013. The record indicates that the petitioner did not submit a brief or supplemental evidence within the allowed timeframe . Therefore , the record will be considered complete as presently constituted. The regulation at 8 C.P.R.ยง 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, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. ยง 1361; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). Inasmuch as the petitioner has failed to identify specifically an etToneous 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.
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