dismissed
L-1A
dismissed L-1A Case: Business
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to identify any specific erroneous conclusion of law or statement of fact from the director's decision. Although counsel stated the denial was erroneous, no brief, evidence, or specific arguments were submitted to support this claim.
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Error On Appeal
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PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave, N.W., Rm. A3042 Washington, DC 20536 U.S. Citizenship and Immigration Services FILE: SRC.03 105 52994 Office: TEXAS SERVICE CENTER Date: AUG 0 1 70% PETITION: Petition for a Nonirnrnigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 1(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. Administrative Appeals Office SRC 03 105 52994 Page 2 DISCUSSION: The nonimmigrant petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner seeks to extend the employment of its president as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Lmmigration and Nationality Act (the Act), 8 U.S.C. $j 1101(a)(15)(L). The director determined that the petitioner had failed to demonstrate that the beneficiary had been and would continue to be employed in a capacity that was primarily managerial or executive in nature, as required under 8 C.F.R.9 214.2(1)(3)(ii). On appeal, counsel states on the Form I-290B that: The officer erred in determining that the beneficiary was not functioning in a managerial capacity. Counsel further indicates that he was submitting a separate brief andlor evidence in support of the appeal. Upon review, however, the only documentation contained in the record is the Form I-290B, a cover letter fi-om counsel, and a copy of the director's decision dated February 3,2004. No additional brief, supporting evidence, or separate letters or arguments have been submitted in support of the appeal. As stated in 8 C.F.R. 3 103.3(a)(l)(v), an appeal shall be summarily dismissed if the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. The filing by an attorney of an appeal that is summarily dismissed under this section may constitute frivolous behavior as defined in 8 C.F.R. ยง292.3(a)(15). Counsel here has not addressed the reasons stated for the denial and has not provided any additional evidence. Although counsel states that the denial was "erroneous," he fails to specifically address the conclusions set forth in the director's decision, nor does he specifically identify an erroneous conclusion of law or fact made by the director in the decision rendered on February 3,2004. The appeal must therefore be summarily dismissed. ORDER: The appeal is summarily dismissed.
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