dismissed
EB-1C
dismissed EB-1C Case: 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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(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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