dismissed L-1A Case: Construction Consulting And Management

U.S. Department of .Homeland Security 
-- - 
20 Massachusetts Ave., N.W., Rm. 3000 
identifying data deleted 
 Washington, DC 20529-2090 
prevent clearly unwmw 
invasion of personal pnvac~ 
 U. S. Citizenship 
and Immigration 
Services 
L 
File: EAC 08 009 52358 Office: VERMONT SERVICE CENTER Date: JAN 3 0 2o09 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. !j 1 101 (a)(15)(L) 
IN 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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. !j 103.5(a)(l)(i). 
John F. Grissom, Acting Chief 
Administrative Appeals Office 
EAC 08 009 52358 
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 extend the employment of the beneficiary as an 
L- 1 A nonimmigrant intracompany transferee pursuant to section 1 0 1 (a)( 15)(L) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The petitioner is a corporation organized under the laws 
of the State of Florida and is allegedly in the construction consulting and management business. The director 
denied the petition concluding that the petitioner failed to establish that the beneficiary will be employed in a 
primarily managerial or executive capacity. 
The petitioner subsequently filed an appeal on May 30, 2008. The director declined to treat the appeal as a 
motion and forwarded the appeal to the AAO for review. On appeal, the petitioner states in the Form I-290B 
that a "[blrief and supporting documents will be send [sic] to AAO within 30 days." 
It is noted that, as of the date of this decision, neither a brief nor additional evidence has been received 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. 9 103.3(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 the petitioner has failed to identi@ 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. 9 1361. The petitioner has not met this burden. 
ORDER: 
 The appeal is summarily dismissed.