dismissed
EB-1C
dismissed EB-1C Case: Publishing
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 in the original decision, as required by regulation 8 C.F.R. ยง 103.3(a)(l)(v).
Criteria Discussed
Employment Abroad In A Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Fact
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U.S. Citizenship and Immigration Services MATTER OF J-W-&S-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 30, 2018 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a publishing company, seeks to permanently employ the Beneficiary as its "Director, Business Process Lead, PTP of the ERP Program Team" under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง 1153(b)(l)(C). This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary was employed abroad in a managerial or executive capacity. A motion was subsequently filed resulting in a new decision that affirmed the original basis for denial. The matter is now before us on appeal. The Petitioner's submission on appeal consists of a Form I- 290B, Notice of Appeal or Motion, on which the Petitioner marked Box 1.a. in Part 2, indicating that a brief and/or additional evidence was attached to the appeal form. However, the Petitioner did not provide a statement specifically identifying an erroneous conclusion of law or fact in the decision being appealed, as instructed in Part 3 of the Form I-290B.1 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. The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as a basis for the appeal. The Petitioner has not provided a brief or additional evidence specifically in support of the appeal. Moreover, as noted above, the Petitioner did not submit with its appeal a 1 Although we acknowledge that the Petitioner resubmitted the packet of documents that it previously submitted in support of the motion before the service center, this submission does not satisfy the above described filing instructions for the Form 1-129013. Matter of J-W-&S-, Inc. separate statement regarding the basis of the appeal. Therefore, consistent with 8 C.F.R ยง 103.3(a)(l)(v), we will summarily dismiss the appeal. ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. ยง 103.3(a)(l)(v). Cite as Matter of J-W-&S-, Inc., ID# 1846302 (AAO Nov. 30, 2018) 2
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