dismissed EB-1C Case: Management

(b)(6)
DATE: 
FEB 0 1 2013 
INRE : Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U. S. Citizen ship and Immigration Ser vices 
Administra tive Appe als O ffice CAAO) 
20 Massachu sclls Ave. N.W .. MS 2090 
Washington. DC 20.529-2 090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION : Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuanl to 
Section 203(b)( I )(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)( I )(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally deciqed your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630 . The 
specific requirements for filing such a request can be found at 8 C .F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § l03.5(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen . 
Thank you, · 
· ~ 
X,Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
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 entity that seeks to employ the beneficiary as its pre~ident and general manager. 
Accordingly, the petitioner endeavor!) 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)( I )(C), as a 
multinational executive or manager. 
The director denied the petition based on two independent adverse findings. First, the director determined 
that the petitioner failed to establish the existence of a qualifying relationship between itsel( and the 
beneficiary's employer abroad. Second, the director found that the petitioner failed to provide sufficient 
evidence to show that the beneficiary's proposed position in the United States would be in a qualifying 
managerial or executive capacity. 
On appeal, the petitioner generally dispute the denial of the petition by stating on the Form 1-2908 that the 
director erred in denying the petition and that there is "sufficient proof of the qualifying relationship and 
managerial position of the beneficiary." Counsel indicated that she would submit an appellate brief or 
additional evidence directly to the AAO within 30 days. The record indicates that neither counsel nor the 
petitioner filed a brief or supplemental evidence within the allowed timeframe. The AAO will consider the 
record complete as presently constituted. 
The regulation at 8 C.F.R. § 1 03.3(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. 
Upon review, the AAO concurs with the director's decision and will affirm the denial of the petition. The 
petitioner has not specifically identified an erroneous conclusion of law or statement of fact on the part of the 
director as a basis for the appeal. Therefore, the appeal will be summarily dismissed. 
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. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed. ·