dismissed
EB-1C
dismissed EB-1C Case: Marketing
Decision Summary
The appeal was summarily dismissed because the appellant failed to identify any specific erroneous conclusion of law or statement of fact in the original decision. The petitioner did not address the director's adverse findings regarding the beneficiary's past and future roles or the qualifying relationship between the companies.
Criteria Discussed
Employment Abroad In A Qualifying Managerial/Executive Capacity Qualifying Relationship Between U.S. And Foreign Entities Proposed Employment In A Qualifying Managerial/Executive Capacity
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identifying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC COpy FILE: Office: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: U.S. Department of Homeland Security U. S. Citizenship and Irrnnigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 u.s. Citizenship and Immigrationn Services Date: FEB 2 4 2011 PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.c. ยง 1153(b)(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 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.F.R. ยง 103.5. 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 $630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, " PerryRhew 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 marketing director. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง I 153(b)(1)(C), as a multinational executive or manager. On February 26, 2009, the director denied the petition based on three independent adverse findings. The director concluded that the petitioner failed to establish that 1) the beneficiary was employed abroad in a qualifying managerial or executive capacity; 2) the petitioner has a qualifying relationship with the beneficiary'S foreign employer; and 3) the beneficiary would be employed by the U.S. entity within a qualifying managerial or executive capacity. On appeal, the beneficiary provides her own personal account of her life in the United States and requests that a green card be issued to her so that she can remain in the United States on a permanent basis. The beneficiary makes no mention of any of the three grounds that served as the bases for the director's adverse decision. The regulation at 8 C.F.R. ยง 103.3(a)(I)(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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