dismissed L-1A Case: Automotive Parts

U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. A3042 
Washington, DC 20529 
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U.S. Citizenship 
and Immigration 
FILE: SRC 03 126 53346 Office: TEXAS SERVICE CENTER Date: 
PETITION: Pekition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 3 1101(a)(15)(L) 
ON BEHALF OF PETITIONER: 
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. 
/;Robert P. Wiemann, Director 
Administrative Appeals Office 
SRC 03 126 53346 
Page 2 
DISCUSSION: The Director, Texas Service Center, ,denied the petition for a nonimmigrant visa. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner is in the business of importing and exporting diesel car parts. It seeks to extend its 
authorization to employ the beneficiary temporarily in the United States as its executive. The director 
determined that the petitioner had not established that the beneficiary would be employed in a managerial or 
executive capacity. 
On appeal, counsel claims that CIS has abused its discretion in denying the instant petition. He indicates that 
no additional evidence or information would be submitted to support the appeal. 
To establish L-1 eligibility under section lOl(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 
U.S.C. $ 1 10 1 (a)(15)(L), the petitioner must demonstrate that the beneficiary, within three years preceding 
the beneficiary's application for admission into the United States, has been employed abroad in a qualifying 
managerial or executive capacity, or in a capacity involving specialized knowledge, for one continuous year 
by a qualifying organization and seeks to enter the United States temporarily in order to continue to render his 
or her services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, 
executive, or involves specialized knowledge. 
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. 
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. Inasmuch as counsel 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.