dismissed
L-1A
dismissed L-1A Case: Business
Decision Summary
The director initially denied the petition for failing to establish a qualifying relationship between the U.S. petitioner and the beneficiary's foreign employer. The AAO summarily dismissed the appeal because the petitioner's counsel failed to submit a brief or identify any specific error of law or fact in the director's decision, as required by regulation.
Criteria Discussed
Qualifying Relationship Failure To State Grounds For Appeal
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(b)(6) DATitfAY 1 2 2014 OFFICE: VERMONT SERVICE CENTER INRE: Petitioner: Beneficiary: y;, ~;nepaftq(eilfoCHo~!l~nd se<:~flt)'; U.S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave. N.W., MS 2090 Washington, DC 20529-2090 u~s. Citizenshi:p and Imtnigration Services , FILE: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10l(a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(a)(15)(L) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO).in your case. This is a non-pre~edent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form l:290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. ยง 103.5. Donotfile a motion directly with the AAO. / ' '-..... ~ Thank you, ยท , . t --.ยท. . ' :. . . . . :ยท '""" ' \ . . . โข j Ron Rosenberg-" / Chief, Administrative Appeals Office (b)(6) NON-PRECEDENT DECISION Page2 DISCUSSION: The Vermont Service Center Director denied the nonimmigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is a Texas corporation that previously filed a petition on behalf of the beneficiary and now seeks to extend the beneficiary's period of employment for an additional three years. The petitioner has therefore filed this nonimmigrant petition seeking to classify the beneficiary as an L-lA nonimmigrant intracompany transferee pursuant to section lOl(a)(lS)(L) ofthelmmigration and Nationality Act (the Act), 8 U.S.C. ยง llOl(a)(lS)(L) . The director denied the petition, concluding that the petitioner does not have a qualifying relationship with the beneficiary's former employer abroad and is therefore ineligible for the immigration benefit sought herein. Although counsel submitted a properly executed Form I-290B indicating that the director's decision was being appealed, he did not dispute or address the director's basis for denying the petition. Rather, he marked Box B on the Form I-290B, Notice of Appeal or Motion, indicating his intention to provide a brief and/or additional evidence within 30 days of filing the appeal. The record shows no evidence that the record has since been , supplemented in accordance with counsel's original intent. Therefore, the record will be considered complete as presently constituted. The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states, 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. ยง 1361. 'Inasmuch as the petitioner 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.
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