dismissed
L-1A
dismissed L-1A Case: Export
Decision Summary
The appeal was summarily dismissed because the petitioner, after filing the appeal form, failed to submit the promised brief or additional evidence. By not providing any further argument, the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision, which is a requirement for an appeal to be considered.
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Erroneous Conclusion Of Law Or Statement Of Fact
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laentieving data delema to pmvent *riy UIIWmr.mt& Inmmbn of wmal D~W PUBLIC Copy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 U.S. Citizenship and Immigration Services Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101 (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. Administrative Appeals Office SRC 03 221 50218 Page 2 DISCUSSION: The Director, Texas 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 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. fj 1101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and is allegedly engaged in the business of exporting, On March 29, 2005, the director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in an executive or managerial capacity. The petitioner subsequently filed an appeal. On appeal, counsel to the petitioner stated in the Form I-290B: "We will [be] sending an appeal brief to the Administrative Appeals Unit within 30 days from May lSt, 2005. We will [be] attempting to procure new additional evidence to accompany the appeal brief." 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. fj 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 identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the appeal must be summarily dismissed. ' On August 14,2006, the AAO sent a fax to counsel. The fax advised counsel that no evidence or brief had ever been received in this matter and requested that counsel submit a copy of the brief and/or additional evidence, if in fact such evidence had been submitted, within five business days. On August 21, 2006, counsel confirmed by fax that he did not file a brief or evidence in support of the appeal as indicated on the Form I-290B. SRC 03 221 50218 Page 3 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. 5 1361. The petitioner has not met this burden. ORDER: The appeal is summarily dismissed.
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