dismissed EB-1C

dismissed EB-1C Case: Restaurant Management

📅 Date unknown 👤 Company 📂 Restaurant Management

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner filed a notice of appeal indicating a brief or additional evidence would be submitted, but failed to provide anything further, thereby failing to identify any specific error of law or fact in the original denial as required by regulation.

Criteria Discussed

Failure To Identify Specific Error Of Law Or Fact

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF KPNYO-LLC
Non-Precedent Decision of the
Administrative Appeals Office
DATE: DEC. 22,2016
APPEAL OF NEBRASKA SERVICE CENTER DECISION
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a restaurant franchise operation, seeks to employ the Beneficiary permanently as the
head of franchise operations 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. § 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, Nebraska Service Center, denied the petition. The matter is now before us on appeaL
Upon review, we will summarily dismiss the appeal.
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. § 103.3(a)(l)(v).
On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional
evidence would be submitted within 30 days of filing. However, we have not received anything
further from the Petitioner to date. Because the Petitioner has not identified any specific, erroneous
conclusion of law or statement of fact in the Director's decision below, the appeal must be
summarily dismissed. ·
The burden of proof in these proceedings rests solely with the Petitioner. Section 291 of the Act,
8 U.S.C. § 1361. The Petitioner has not satisfied that burden and the appeal will be summarily
dismissed.
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v).
Cite as Matter ofKPNYO-LLC, ID# 292635 (AAO Dec. 22, 2016)

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.