dismissed
EB-1C
dismissed EB-1C Case: Management
Decision Summary
The appeal was summarily dismissed because the petitioner, after filing the appeal, failed to submit a brief or any additional evidence. The petitioner did not specifically identify any erroneous conclusion of law or statement of fact in the original decision, which is a requirement for an appeal under 8 C.F.R. ยง 103.3(a)(1)(v).
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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โข โข iO\;iil:iX) lilg c;ltr,j .1<:,.o;;U 00 prevent cJeai ty nnwarranted invasion ofpcrwnal privacy U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave. N.W., MS 2090 Washington, DC 20529-2090 PUBT,lC COpy U.S. Citizenship and Immigration Services DATE: JUL 24 2012 OFFICE: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: 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 lI53(b)(1)(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. If you believe the AAO inappropriately applied the law in reaching its 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 motion can be found at 8 C.F.R. ยง 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. ยง 103.5(a)(l)(i) requires any motion to 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 โข 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 chief executive officer. 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 1153(b)(1)(C), as a multinational executive or manager. The director denied the petition based on the determination that the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity. On December 20, 2010, the petitioner filed an appeal seeking review of the director's decision. Counsel, on behalf of the petitioner, stated that a brief and/or additional information would be submitted within 30 days of the appeal. In a subsequent statement dated January 19, 2011, counsel asked that U. S. Citizenship and Immigration Services grant the petitioner additional time in which to submit further evidence in support of the appeal. To date, however, nineteen months since the appeal was filed, the record has not been supplemented with any additional evidence or information. Accordingly, the record will be considered complete as currently constituted. The regulation at 8 C.F.R. ยง 103.3(a)(1)(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, 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 erroneous 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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