dismissed L-1A Case: Cellular Telephone Accessories

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PUBLIC COpy
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
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DEC 0 4 Z007
File: EAC 07 046 51978 Office: VERMONT SERVICE CENTER Date:
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)(l5)(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.
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Administrative Appeals Office
www.uscis.gov
EAC 07 046 51978
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 filed this nonimmigrant visa petition seeking to employ the beneficiary as its president to open
a new office in the United States as an L-1A nonimmigrant intracompany transferee pursuant to section
101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The petitioner is
a corporation organized under the laws of the State of New York and is allegedly in the cellular telephone
accessory business. The director denied the petition concluding that the petitioner did not establish that the
beneficiary will be employed in a primarily executive or managerial capacity within one year of petition
approval.
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. On appeal, counsel to the petitioner states in the Form 1-290B
as follows:
Please be advised that the beneficiary of the instant 1-129 petition is seeking L-1A Status.
The 1-129 petition has been assigned a case receipt number of Copy of
the same is attached herewith. The beneficiary's petition has been denied.
The Petitioner requires additional 30 days from the time of receipt of notice on 1-290B to
submit a Brief on the Appeal so that additional evidentiary proof can be submitted to attest
the beneficiary's and the petitioner's eligibility.
As of the date of this decision, however, neither a brief nor additional evidence has been received and the
record will be considered complete. I
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:
Ian November 2, 2007, the AAO sent a fax to counsel to the petitioner requesting that he submit a brief
and/or additional evidence, if these materials had previously been submitted, within five business days along
with evidence of the date they were originally filed with Citizenship and Immigration Services. As of the
date of this decision, neither counsel nor the petitioner has responded to this request.
EAC 07 046 51978
Page 3
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.
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.