dismissed
EB-1C
dismissed EB-1C Case: 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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