dismissed L-1A Case: Computer Sales

U.S. Department of Homeland Security 
20 Massachusetts Ave., NW, Rrn. 3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 04 007 50508 Office: CALIFORNIA SERVICE CENTER Date: HAY 1 1 2M5 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 1 101(a)(15)(L) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
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. 
-4 Robert P. Wiemann, Director 
drninistrative Appeals Office 
SRC 04 007 50508 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the petition for a nonirnrnigrant visa. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner states that it is engaged in the import, export and sale of computers and peripherals. It seeks to 
extend its authorization to employ the beneficiary temporarily in the United States as its general manager, 
pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 
1101(a)(15)(L). The director denied the petition concluding that the beneficiary would not be employed in a 
primarily managerial or executive capacity. 
On the Form I-290B appeal, the petitioner simply asserts: "we are respectfully requesting from you an 
extension of thirty days to allow us to gather all the necessary evidence, locally and from abroad, that we need 
to present on the above-referenced case." The appeal was filed on April 30, 2004. As of this date, the AAO 
has received nothing further and the record will be considered complete. 
To establish eligibility under section 101(a)(15)(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. 3 103.3(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 counsel 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. 3 1361. The petitioner has not met this burden. 
ORDER: The appeal is summarily dismissed.