dismissed
EB-1C
dismissed EB-1C Case: Textile Industry
Decision Summary
The appeal was summarily dismissed because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact from the director's decision, as required by regulation. The petitioner indicated that a brief or additional information would be submitted but failed to provide any, thereby not meeting the burden of proof for the appeal.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Fact Managerial Or Executive Capacity Petitioner'S Continued Existence
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U.S. Department of IIomeland Security 20 Mass Ave., N.W., Rm. 3000 Washington, DC 20529-2090 U.S. Citizenship and Immigration Bt Office: NEBRASKA SERVICE CENTER Date: DEC 1 9 2008 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. 9 1153(b)(l)(C) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). 3') 43,q-i;p?z4xL- John F. Gnssom, Acting Chief Administrative Appeals Office 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 was established in 2003 and claims to be engaged in the business of providing sourcing services within the textile industry.' It seeks to employ the beneficiary as its president. 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. 5 1 153(b)(l)(C), as a multinational executive or manager. The director denied the petition based on the petitioner's failure to establish that the beneficiary would be employed in a managerial or executive capacity. The petitioner submitted an appeal indicating that a brief and/or additional information would be submitted within 30 days in support of the appeal. The AAO's current review of the appeal shows that the record of proceeding has not been supplemented with additional evidence or information since the appeal was filed on February 29, 2008. Accordingly, the record will be considered complete as currently constituted. The regulation at 8 C.F.R. 5 103,3(a)(l)(v) states, in pertinent part: 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. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. 4 1361. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the petitioner has not sustained that burden. Therefore, the appeal will be summarily dismissed. ORDER: The appeal is summarily dismissed. ' It is noted that the Florida Department of State, Division of Corporations shows that the petitioner was administratively dissolved and, therefore, was inactive as of September 26,2008. Therefore, the petitioner's continued existence as an entity is brought into question.
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