dismissed EB-1C

dismissed EB-1C Case: Security Glass Products

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Security Glass Products

Decision Summary

The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the original denial. Counsel indicated that a brief and/or additional evidence would be submitted, but failed to do so, leaving no basis for the appeal.

Criteria Discussed

Employment Abroad In A Qualifying Managerial Or Executive Capacity Proposed Employment In The U.S. In A Qualifying Managerial Or Executive Capacity

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,_ e_ ~_, ,~": " 
v ,_~ 
PUBLIC COPY 
DATE: 
JUN 1 4 2012 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Ilomeland Securit~' 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
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)(1)(C) of the Immigration and Nationality Act, 8 U.S.c. ยง 1153(b)(I)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied the law in reaching its decision. or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen 
with the field office or service center that originally decided your case by filing a Form 1-290B, Notice of 
Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 
8 C.F.R. ยง 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. ยง 
103.5(a)(1)(i) requires any motion to be filed within 30 days of the decision that the motion seeks to 
reconsider or reopen. 
Thank you, 
'" Perry Rhew " 
;lfhief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. 
The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will 
be summarily dismissed. 
The petitioner is engaged in "security glass products" and seeks to employ the beneficiary as its 
Director of Business Development. Accordingly, the petitioner endeavors to classify the 
beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(C) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. ยง I I 53(b)(l)(C), as a multinational 
executive or manager. 
On May 21, 20 I 0, the director denied the immigrant petition concluding that: (I) the petitioner 
failed to establish that the beneficiary's employment abroad was within a qualifying managerial 
or executive capacity; and, (2) the petitioner failed to establish that the beneficiary'S proposed 
employment with the U.S. entity would be within a qualifying managerial or executive capacity. 
On June 18,2010, counsel for the petitioner submitted the Form 1-290B to appeal the director's 
denial. The petitioner marked the box at part two of the Form 1-290B to indicate that the brief 
and/or additional evidence will be submitted to the AAO within 30 days. On the Form 1-290B, 
counsel for the petitioner states, "a brief and/or additional evidence will be submitted to the AAO 
within 30 days." To date, the petitioner has not submitted an appeal brief. Thus, the AAO 
deems the record complete 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)(l)(v). 
In regards to the director's specific conclusions, counsel for the petitioner fails to identify any 
erroneous conclusion of law or statement of fact for the appeal. The petitioner claimed that the 
immigrant visa petition should be granted but did not provide any evidence to corroborate that 
claim. As no additional evidence is presenll'd on appeal to overcome the decision of the director, 
the appeal will be summarily dismissed in accordance with 8 C.F.R. ยง 103.3(a)(l)(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. The petition is denied. 
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