dismissed EB-1C Case: Technology And Software Development

identifying data deleted to 
prevent cleoriv unwan-anted 
invasion of personal privacy 
PUBLlCCOPY 
DATE: 
JUL 1 3 2012 
INRE: Petitioner: 
Beneficiary: 
u.s. Department of Homeland Security 
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 
OFFICE: NEBRASKA SERVICE CENTER 
PETITION: Innnigrant 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. § I I 53(b)(1)(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 in 
accordance with the instructions on Form I-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. § 103.5. Do not file any motion 
directly with the AAO_ Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires any motion to be filed within 
30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska 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 technology and software development, and it seeks to employ the 
beneficiary as its Chief Operating Officer. Accordingly, the petitioner endeavors to classifY the 
beneficiary as an employment-based immigrant pursuant to section 203(b)(I)(C) of the Immigration 
and Nationality Act (the Act), 8 U.S.c. § I 1 53(b)(I)(C), as a multinational executive or manager. 
On July I, 2009, the director denied the immigrant petition for the following grounds: (I) the 
petitioner failed to establish that the beneficiary worked abroad with the foreign company for one 
year prior to entering the U.S., and (2) the petitioner failed to establish that the foreign entity 
continues to do business. 
On August 3, 2009, counsel for the petitioner submitted the Form I-290B to appeal the director's 
denial. The petitioner marked the box at part two of the Form I-290B to indicate that a brief and/or 
additional evidence will be submitted to the AAO within 30 days. The AAO never received the 
brief and/or additional evidence in support of the appeal. Thus, the AAO deems the record 
complete as currently constituted. 
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)(I)(v). Counsel for the petitioner fails to identifY any erroneous 
conclusion of law or statement of fact for the appeal. As no additional evidence is presented on 
appeal to overcome the decision of the director, the appeal will be summarily dismissed in 
accordance with 8 C.F.R. § 103.3(a)(I)(v). 
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 sustained that burden. 
ORDER: The appeal is summarily dismissed. The petition is denied.