dismissed L-1A Case: Automotive Repair

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U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.S.Citizenship
and Immigration
Services
File: SRC 06 126 53090 Office: TEXAS SERVICE CENTER Date: MAY 0 1Z007
IN RE: 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)
IN 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.
/-~ ....-~-;;ti.-
Roberf-P-;-Wie·n;ann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 06 126 53090
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 filed this nonimmigrant visa petition seeking to extend the employment of its technical
manager as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the
Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The petitioner is a limited liability
company organized under the laws of the State of Louisiana and is allegedly engaged in the business of
general automotive repair. The beneficiary was initially granted a one-year period of stay to open a new
office in the United States, and the petitioner now seeks to extend the beneficiary's stay.
The director denied the petition concluding that the petitioner did not establish that the beneficiary will be
employed in the United States in a primarily managerial or executive capacity.
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.
To establish eligibility under section 101(a)(l5)(L) of the Act, the petitioner must meet certain criteria.
Specifically, within three years preceding the beneficiary's application for admission into the United States, a
firm, corporation, or other legal entity, or an affiliate or subsidiary thereof, must have employed the
beneficiary for one continuous year. Furthermore, 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.
Upon review, the AAO concurs with the director's decision and affirms the denial of the petition.
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.
Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of
fact in this proceeding, the appeal must be summarily dismissed. While counsel referred to an attachment to
the Form 1-290B with regards to the reason for the appeal, the only document attached to the appeal is the
first page of the director's decision. Likewise, while counsel indicates her intent to file a brief or additional
evidence within 30 days on the Form 1-290B, no brief or evidence was ever filed. Consequently, the appeal
must be dismissed. I
IOn April 2, 2007, the AAO sent a fax to counsel. The fax advised counsel that no evidence or brief had ever
been received in this matter and requested that counsel submit a copy of the brief and/or additional evidence,
if in fact such evidence had been submitted, within five business days. As of the date of this decision, counsel
had not replied to this fax.
SRC 06 126 53090
Page 3
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. The petitioner has not met this burden.
ORDER: The appeal is summarily dismissed.