dismissed L-1A

dismissed L-1A Case: Business Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Business Management

Decision Summary

The appeal was summarily dismissed because the petitioner failed to follow procedural requirements. After filing the appeal, the petitioner did not submit a brief, additional evidence, or identify any specific erroneous conclusion of law or statement of fact in the director's initial denial.

Criteria Discussed

Managerial Or Executive Capacity Failure To State Grounds For Appeal

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View Full Decision Text
(b)(6)
DATE: MAY 2 9 ZDltFFICE: VERMONT SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citize nship and Immigra tion Services 
Administr ative Appeals Offic e (AAO) 
20 Massachusetts Ave. N.W. , MS 2090 
Washington , DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(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-precedent 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 I-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. Do not file a motion directly with the AAO. 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Vermont 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 an Texas corporation that previously filed a petition on behalf of the beneficiary and has now 
filed this nonimmigrant visa petition seeking to extend the beneficiary's employment as its director for an 
additional two years as an L-lA nonimmigrant intracompany transferee pursuant to section lOl(a)(lS)(L) of 
the Immigration and Nationality Act (the Act) , 8 U.S.C. ยง llOl(a)(lS)(L). 
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be 
employed in the United States in a qualifying managerial or executive capacity. 
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 basis for the director's denial. Rather, he marked Box B on 
the Form I-290B, 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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