dismissed
EB-1C
dismissed EB-1C Case: Management
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify a specific erroneous conclusion of law or statement of fact in the director's decision. Despite indicating an intent to submit a brief or additional information, the petitioner did not supplement the record, thereby failing to meet the burden of proof.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Iiomeland Security 20 Mass Ave., N.W , Rm. 3000 Washmgton, DC 20529-2090 identifying data &leted cle@l~ unwm ted U. S. Citizenship ~~~lsand and Immigration Services -- a Office: NEBRASKA SERVICE CENTER Date: MAR 0 4 2009 LIN 07 029 50464 IN RE: 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. 8 1153@)(1)(C) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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 law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 8 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). 4~ John F. Grissom, Acting Chief Administrative Appeals Office 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 seeks to employ the beneficiary as its general 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 based on the determination that the petitioner failed to establish that the beneficiary would be employed 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. To date, however, the petitioner has not supplemented the record with further evidence or documentation addressing the director's ground for denial. Accordingly, the record will be considered complete as currently constituted. The regulation at 8 C.F.R. $ 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 bwden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 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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