dismissed EB-1C Case: Wholesale Trade

PUBLIC COpy 
DATE: JUN 1 4 2012 
IN RE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
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 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant 
to Section 203(b)(I)(C) of the Immigration and Nationality Act. 8 U.S.C. § I I 53(b)(l)(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. § 103.5. Do not file any motion directly with the AAO. Please be aware that 8 C.F.R. § 
103.5(a)(l)(i) requires any motion to be filed within 30 days of the decision that the motion seeks to 
reconsider or reopen. 
Thank you, 
/L---4 L? 
~Rhew 
rf, 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 a Florida corporation that is engaged in the import and wholesale of cutlery and 
beauty products. 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. § IIS3(b)(1)(C), as a 
multinational executive or manager. 
On May 24, 20 I 0, the director denied the j'nmigrant petition. The director concluded that the 
petitioner failed to establish that it maintains a qualifYing relationship between the beneficiary'S 
foreign employer and the U.S. petitioner. See 8 C.F.R. § 204.SG)(3)(i). The director also 
examined the petitioner's organizational structure, along with tax and wage documentation, and 
determined that that the beneficiary would not be employed in a primarily managerial or 
executive position. See section 101(a)(44) of the Act. 
On June 24, 2010, the petitioner submitted the Form 1-2908 to appeal the director's denial. The 
petitioner marked the box at part two of the Form 1-2908 to indicate that the brief and/or 
additional evidence will be submitted to the AAO within 30 days. To date, the petitioner has not 
submitted an appeal brief. Instead, the petitioner submitted copies of documents that had been 
previously submitted in support of the petitio!!. 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. § 103.3(a)(l)(v). 
In regards to the director's specific conclusions, 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 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)(1)(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.