dismissed
EB-1C
dismissed EB-1C Case: Travel Agency Management
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 director's decision, as required by regulation. The petitioner did not submit a brief or state the grounds for the appeal on the Form I-290B.
Criteria Discussed
Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact For Appeal
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U.S. Citizenship and Immigration Services In Re: 15840864 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office DATE : MAR. 19, 2021 Form 1-140, Immigrant Petition for a Multinational Executive or Manager The Petitioner, a travel agency management business, seeks to permanently employ the Beneficiary as a senior director - hotel product & technology, 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. ยง 1153(b)(l)(C). This employment-based "EB -1" immigrant classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in a managerial or executive capacity. The Director of the Nebraska Service Center denied the petition on multiple grounds in a decision dated March 12, 2020. The Petitioner filed a timely appeal, stating on the Form l-290B (Part 2.1.a.) that "My brief and/or additional evidence is attached." The only evidence submitted with the appeal, however, were copies of (1) the Petitioner's earlier Form 1-129, Nonimmigrant Petition Based on Blanket L Petition, which was filed on behalf of the Beneficiary and approved in August 2017; (2) the decision issued by the Director on the instant Form 1-140 petition; and (3) the request for evidence issued by the Director in this proceeding along with the Petitioner's response and what appear to be all of the supporting documents submitted with the response. No brief was submitted by the Petitioner stating the grounds on which it was appealing the Director's decision. 1 Nor did the Petitioner state its grounds for appeal on the Form l-290B itself. The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) provides that an appeal shall be summarily dismissed "when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal." Since the Petitioner has not identified any erroneous conclusion of law or statement of fact in the Director's decision, we may summarily dismiss the appeal on that basis. ORDER: The appeal is summarily dismissed . 1 Shortly after the appeal was filed in this case, the Petitioner filed another Form I-140 petition on behalf of the Beneficiary (receipt numb~rl J seeking the same "EB-1" immigrant classification. This petition was approved on October 8, 2020.
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