dismissed EB-1C

dismissed EB-1C Case: Plumbing

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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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