dismissed
EB-1C
dismissed EB-1C Case: Plumbing
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the original denial, which is a requirement for an appeal.
Criteria Discussed
Qualifying Relationship Managerial Or Executive Capacity (U.S.) Managerial Or Executive Capacity (Abroad) Failure To State Grounds For Appeal
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U.S. Citizenship and Immigration Services In Re : 24510989 Appeal of Texas Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : FEB. 1, 2023 Form 1-140, Petition for Multinational Managers or Executives The Petitioner, a plumbing company, seeks to permanently employ the Beneficiary as "Executive Chief President" in the United States under the first preference immigrant classification for multinational executives or managers. Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง l 153(b)(l)(C). The Director of the Texas Service Center denied the petition, concluding the record did not establish, as required, that: I) the Petitioner had a qualifying relationship with the Beneficiary's foreign employer, 2) the Beneficiary would be employed in the United States in a managerial or executive capacity, and 3) the Beneficiary was employed in a managerial or executive capacity abroad. The matter is now before us on appeal. In these proceedings, it is the Applicant's burden to establish eligibility for the requested benefit Section 291 of the Act, 8 U.S. C. ยง 13 61. Upon de nova review, we will summarily dismiss the appeal. 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. On the Form I-290B , Notice of Appeal or Motion, the Petitioner marked Box 1.c. in Part 2, indicating it was filing an appeal and that "[it] will not be submitting a brief and/or additional evidence." Accordingly, the record will be considered complete as presently constituted. In a letter submitted on appeal, the Petitioner provided only two Beneficiary passport photos, the Form I-290B, and a copy of the Director's decision . The Petitioner submitted no statement in the Form I-290B, nor in any of the provided supporting documentation, discussing the basis of its appeal. The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. For this reason, we will summarily dismiss the appeal. ORDER: The appeal is summarily dismissed pursuant to 8 C.F .R. ยง 103.3(a)(l)(v) .
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