dismissed L-1A Case: Food Service

MATTER OF F-M-C- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 23, 2016 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a cafe operator, seeks to temporarily employ the Beneficiary as its president under the 
L-1A nonimmigrant classification for intracompany transferees. See Immigration and ·Nationality 
Act (the Act) section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). TheL-IA classification allows a 
corporation or other legal entity (including its affiliate or subsidiary) to transfer a qualifYing foreign 
employee to the United States to work temporarily in a managerial or executive capacity. 
The Director, Vermont Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish that the Beneficiary would be employed in a managerial or executive 
capacity in the United States. 
The matter is now before us on appeal. The Petitioner's submission on appeal consists solely of a 
Form I-290B, Notice of Appeal or Motion, on which the Petitioner marked Box 1(b) in Part 3, 
indicating that it would submit a brief and/or additional evidence to this office within 30 calendar 
days of filing the appeal. The record reflects that the Petitioner has not submitted a brief or any 
additional evidence since filing the appeal more than 30 days prior. Accordingly, the record will be 
considered complete as presently constituted. 
Upon review, we will summarily dismiss the appeal. 
The regulation at 8 C.F.R. § 103.3(a)(l)(v) states, 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. · 
The Petitioner has not specifically identified any erroneous conclusion of law or statement of fact as 
a basis for the appeal. The Petitioner has not provided a brief or additional evidence in support of 
the appeal. Moreover, the Petitioner did not provide with its appeal a separate statement regarding 
the basis of the appeal, as instructed at Part 4 of the Form I-290B. A petitioner filing an appeal is 
required to provide a statement that specifically identifies an erroneous conclusion oflaw or fact in 
the decision being appealed. Here, the Petitioner has made no reference or objection to the specific 
Matter of F-M-C- Inc. 
findings set forth in the Director's previous decision. Therefore, consistent with 8 C.F.R. 
§ 103.3(a)(l)(v), we will summarily dismiss the appeal. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the 
Petitioner. Section 291 of the Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 
2013). Here, that burden has not been met. 
ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
Cite as Matter of F-M-C- Inc., ID# 29816 (AAO Sept. 23, 2016) 
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