dismissed L-1A Case: Automotive Parts

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PUBttCCOPY 
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 
DATE: OFFICE: CALIFORNIA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. § 1101 (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. § 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 $630. Please be aware that 8 c.F.R. § 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. 
Thank you, 
tla--'f- Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
DISCUSSION: The Director, California Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner filed this nonimmigrant petition seeking to extend the beneficiary's employment as a 
nonimmigrant intracompany transferee pursuant to section 101(a)(lS)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.c. § 1l01(a)(lS)(L). The petitioner, a Washington corporation, states that it is engaged in 
the sale of high performance auto parts. The petitioner claims to be an affiliate 
located in Taipei, Taiwan, Republic of China. The beneficiary was previously granted L-IA status a penod 
of three years, from August 2006 to July 2009, and the petitioner now seeks to extend his status so that he 
may continue to serve in the position of president and director. 
On August 24, 2009, the director denied the petition, concluding that the petitioner failed to establish that the 
beneficiary will be employed in the United States in a primarily managerial or executive capacity. In denying the 
petition, the director found that the record does not establish that the beneficiary has been or will be primarily 
managing the organization or a department, subdivision, function, or component of the organization. The director 
further observed that the petitioner has not demonstrated that the beneficiary has been or will be functioning at a 
senior level within the organizational hierarchy and will not be primarily supervising a subordinate staff of 
professional, managerial, or supervisory personnel who provide relief from the performance of non-qualifying 
duties. 
On September 2S, 2009, counsel for the petitioner submitted the Form I-290B to appeal the denial of the 
underlying petition. The director declined to treat the appeal as a motion and forwarded the appeal to the 
AAO for review. Counsel for the petitioner marked the box at part two of the Form I-290B to indicate that a 
brief and/or additional evidence would be submitted to the AAO within 30 days. As of this date, the appeal 
brief has not been received by the AAO, thus, the AAO deems the record complete and ready for 
adjudication. 
To establish eligibility for the L-l nonimmigrant visa classification, the petitioner must meet the criteria 
outlined in section 101 (a)(lS)(L) of the Act. Specifically, a qualifying organization must have employed the 
beneficiary in a qualifying managerial or executive capacity, or in a specialized knowledge capacity, for one 
continuous year within the three years preceding the beneficiary's application for admission into the United 
States. In addition, the beneficiary must seek to enter the United States temporarily to continue rendering his 
or her services to the same employer or a subsidiary or affiliate thereof in a managerial, executive, or 
specialized knowledge capacity. 
Regulations at 8 C.F.R. § 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. 
On the Form I-290B, counsel simply states that the appeal brief and additional evidence will be submitted 
within 30 days. Neither counsel nor the petitioner have identified an erroneous conclusion of law or 
, . . 
Page 3 
statement of fact on the part of the director as a basis for the appeal, but simply indicate that it will provide 
additional documentation which has yet to be submitted. 
Inasmuch as the petitioner has not identified specifically an erroneous conclusion of law or statement of fact 
as a basis for the appeal, the appeal must be summarily dismissed. 8 c.P.R. § 103.3(a)(1)(v). 
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. § 1361. Here, the petitioner has not met that burden. 
ORDER: The appeal is summarily dismissed.