dismissed EB-1C

dismissed EB-1C Case: Publishing

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