dismissed EB-1C

dismissed EB-1C Case: Restaurant

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Restaurant

Decision Summary

The director initially denied the petition, concluding the petitioner had not established the beneficiary's duties were primarily managerial or executive. The AAO summarily dismissed the appeal because the petitioner failed to identify any erroneous conclusion of law or fact in the director's decision, as required by 8 C.F.R. ยง 103.3(a)(1)(v).

Criteria Discussed

Managerial Or Executive Duties Failure To State Basis For Appeal

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View Full Decision Text
(b)(6)
DATE: AUG 2 1 2015 
IN RE: Petitioner : 
Beneficiary: 
FILE#: 
PETITION RECEIPT#: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service~ 
Administrative Appeals Office 
20 Massachusetts Ave. , N.W., MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
Enclosed is the non-precedent decision of the Administrative Appeals Office (AAO) for your case. 
If you believe we incorrectly decided your case, you may file a motion requesting us to reconsider our 
decision and/or reopen the proceeding. The requirements for motions are located at 8 C.F.R. ยง 103.5. 
Motions must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this 
decision. The Form I-290B web page (www.uscis.gov /i-290b) contains the latest information on fee, filing 
location, and other requirements. Please do not mail any motions directly to the AAO. 
Thank you, 
~โ‚ฌ:-t 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The matter 
is now before the Administrative Appeals Office on appeal. We will summarily dismiss the appeal. 
The petitioner, a restaurant, seeks to employ the beneficiary in the United States as its president. 
The petitioner filed Form I-140, Immigrant Petition for Alien Worker, on April 8, 2014, seeking to 
classify the beneficiary as an employment-based immigrant under section 203(b)(1)(C) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(C), as a multinational executive or 
manager. 
The director denied the petitiOn on December 24, 2014, concluding that the petitioner had not 
established that the beneficiary's duties have been, or will be, primarily managerial or executive. 
The petitioner subsequently filed a timely appeal and indicated on the Form I-290B, Notice of 
Appeal or Motion, that it would submit a brief and/or additional evidence to our office within 30 
days. To date, careful review of the record reveals no subsequent submission; all other documentation 
in the record predates the issuance of the notice of decision. 
The Form I-290B instructs the petitioner at Part 4 to provide a separate sheet of paper with a 
statement regarding the basis for the appeal. Specifically, the petitioner is instructed to provide a 
statement that specifically identifies an erroneous conclusion of law or fact in the decision being 
appealed. The petitioner did not provide this statement with its Form I-290B, nor has the petitioner 
submitted a brief or statement in support of this appeal. Thus, the record is complete as currently 
constituted and ready for adjudication. 
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. 
8 C.F.R. ยง 103.3(a)(1)(v). 
The petitioner has not identified an erroneous conclusion of law or statement of fact on the part of 
the director as a basis for the appeal, and no additional evidence has been presented on appeal to 
overcome the decision of the director. Therefore, the appeal will be summarily dismissed in 
accordance with 8 C.F.R. ยง 103.3(a)(1)(v). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. ยง 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed. 
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