dismissed L-1A Case: Apparel

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U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Oflce of Administrative Appeals, MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
File: WAC 08 057 50135 Office: CALIFORNIA SERVICE CENTER Date: MAY 1 7 2010 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(a)(15)(L) of the Immigration and 
Nationality Act, 8 U.S.C. 5 1 101 (a)(15)(L) 
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 law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. 8 103.5. 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. Please be aware that 8 C.F.R. 3 103.5(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Perry Rhew 
Chief, Administrative Appeals Office 
WAC 08 057 50135 
Page 2 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition and 
dismissed the petitioner's subsequent motion to reconsider. The matter is now before the Administrative 
Appeals Office (AAO) on appeal. The AAO will summarily dismiss the appeal. 
The petitioner filed this nonimmigrant petition seeking to employ the beneficiary as an L-1A nonimmigrant 
intracompany transferee pursuant to section 10 l(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 
U.S.C. 5 1101(a)(15)(L). The petitioner, a California corporation, states that it is engaged in the manufacture 
and wholesale of women's garments. The petitioner claims to be a subsidiary of located 
in Hong Kong. The petitioner seeks to employ the beneficiary as its chief financial officer for a period of two 
years. 
The director denied the petition on April 3, 2008, concluding that the petitioner failed to establish that the 
beneficiary will be employed in the United States in a primarily managerial or executive capacity. The 
director dismissed the petitioner's subsequent motion to reconsider on October 3,2008, determining that it did 
not meet the requirements for a motion set forth at 8 C.F.R. 3 103.5(a)(2). 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and 
forwarded the appeal to the AAO for review. On the Form I-290B, Notice of Appeal or Motion, counsel for 
the petitioner states: "Appeal Brief and additional evidence will be submitted to the AAO within 30 days." 
The petitioner filed the appeal on November 5,2008. 
As of the date of this decision, approximately 18 months have passed and the AAO has not received the brief 
or additional evidence that was due to be submitted by counsel in December 2008. Accordingly, the record 
will be considered complete. 
Regulations at 8 C.F.R. 5 103.3(a)(l)(v) state, 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. 
Upon review, the AAO concurs with the director's decision and affirms the denial of the petition. The 
petitioner has not identified any erroneous conclusion of law or statement of fact on the part of the director, 
nor has it submitted any evidence on appeal to overcome the director's grounds for denial of the petition. 
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. 5 1361. Here, the petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed.