dismissed L-1A Case: Food Supply

ideotihring data deleled to 
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W , Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
FILE: SRC 03 238 55936 Office: TEXAS SERVICE CENTER Date: FLB 1 5 2005 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 1 10 1 (a)(15)(L) 
ON 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. 
Robert P. Wiemann, Director 1 
dministrative Appeals Office 
SRC 03 238 55936 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Texas Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed. 
According to the documentary evidence contained in the record, the petitioner was incorporated in 2002 and 
and food supplies. The petitioner clainls to be a 
located in the British Virgin Islands. The petitioner 
d States as general manager of its new office for two 
years, at a yearly salary of $35,000.00. 
The director denied the betition determining that the petitioner had failed to submit sufficient evidence to 
establish that the beneficiary would be employed by the U.S. entity in a primarily managerial or executive 
capacity. 
On appeal, counsel indicated that he would submit a brief andlor evidence to the AAO within 30 days of the 
Notice of Appeal. The notice of appeal is dated December 3, 2003. To date, the AAO has not received any 
additional evidence. Therefore, the record is considered complete. 
Counsel fails to address the issues raised by the director regarding the lack of evidence in the record to 
establish that the beneficiary would be employed by the U.S. entity in a primarily managerial or executive 
capacity. 
The reguiation at 8 c.$.R. 103.3(a)(l)(v) states in part: 
Summary dismissal. 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. 
As counsel has failed to identify specifically any erroneous conclusion of law or statement of fact for the 
appeal, the appeal will be summarily dismissed. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought rests solely with the 
petitioner. Section 291 of the Act, 8 U.S.C. 1361. The petitioner has not sustained th~t burden. 
ORDER: The appeal is summarily dismissed.