dismissed EB-1C

dismissed EB-1C Case: Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Management

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact for the appeal, as required, after indicating they would submit a brief and/or additional evidence.

Criteria Discussed

Managerial Capacity (U.S.) Managerial Capacity (Abroad) Procedural Grounds For Appeal

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View Full Decision Text
(b)(6)
JUt 2 4 2014 
DATE: OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
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 
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. 
~~ 
RonRos~ 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed. 
The petitioner is a corporation that seeks to employ the beneficiary in the position of branch manager. 
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 beneficiary would not be employed in the United States in 
a qualifying managerial or executive capacity; and (2) the petitioner failed to establish that the beneficiary 
was employed abroad in a qualifying managerial or executive capacity. 
On appeal, counsel submitted a properly executed Form I-290B generally disputing the director's decision. 
Counsel 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. The record shows no evidence that the record has since been 
supplemented in accordance with counsel's original intent. Therefore, the record will be considered complete 
as presently constituted. 
The regulation at 8 C.F.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, 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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