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 original decision. The petitioner indicated they would submit a brief or additional information but failed to do so, thus not meeting the burden of proof.
Criteria Discussed
Employment Abroad In A Managerial Or Executive Capacity Employment In The Us In A Managerial Or Executive Capacity
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~~l T('" COpy
DATE: OFFICE: TEXAS SERVICE CENTER
NOV 1 6 2011
IN RE: Petitioner:
Beneficiary:
U.S. Department of Homeland Securit)
U. S. CiliLenship and Immigration Services
Administrative Appeals Office (AA()
20 Massachusetts Avc. N.W .. MS 2090
Washington, DC 20529~2()9()
u.s. Citizenship
and Immigration
Services
FILE:
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to
Section 203(b)( I )(C) of the Immigration and Nationality Act, 8 U .S.C. ยง 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 tu the ol!:cc that originally decided your case. Please be advised that
any further inquiry that you might havc ""nc"i'iii,,~, 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. The
specific requirements for filing such a request can be found at 8 C.P.R. ยง 103.5. All motions must be
submitted to the office that originally decic'cd your case by filing a Fonn 1-290B, Notice of Appeal or Motion,
with a fee of $585. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion must be filed
within 30 days of the decision that the motion seeks to reconsider or reopen.
Thank you,
~ Perry Rhew
~ Chief, Administrative Appeals Office
www.uscis.gov
--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 corporation that seeks to employ the beneficiary as its managing director/general
manager. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based
immigrant pursuant to section 203(b)( I )(C) of the Immigration and Nationality Act (the Act), 8 U .S.c.
ยง IIS3(b)(I)(C), as a multinational executive or manager. The director denied the petition based on two
grounds of ineligibility. Namely, the director concluded that the petitioner failed to establish that the
beneficiary was employed abroad and II";;!! 11<" w,'uld be employed in the United States in a managerial or
executive capacity.
The petitioner submitted an appeal urging the AAO to reconsider the director's decision and indicating that a
brief and/or additional information would be submitted within 30 days in support of the appeal. On
September 27, 20 II, the AAO reviewed the record of proceeding and found that no additional evidence or
infonnation had been submitted since the appeal was filed on July 6, 2009. Accordingly, the record will be
considered complete as currently constitukd.
The regulation at 8 C.P.R. ยง 103.3(a)(I)(v) states, in pertinent part:
An officer to whom an appeal is (?ok'.']:: ,>,.:1 s!lmmarily 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, the burden of proving eligibility for the benefit sought remains entirely with the
petitioner. Section 291 of the Act, 8 U.S.c. ยง 1361. Inasmuch as the petitioner has failed to identify
specifically an en'oneous conclusion of la\" 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. Avoid the mistakes that led to this denial
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