dismissed L-1A

dismissed L-1A Case: Export

📅 Date unknown 👤 Company 📂 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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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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