dismissed L-1A Case: Furniture Business

"t tr , \, ':",:" /~,~.:,...;r> .......... ::"._ ~_'" 1 _ • ~ '"' .. _, "'".. ~ 
"--'';;''ll. .... ·, 
'{: ,;7~;:,::i: clearly Un.~7~::~ 
":>~:10ln of p~r'":f'~'l~~ r:', . 
PUBLIC COpy 
u.s. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
DATE: DEC! 2 2011 Office: CALIFORNIA SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(15)(L) of the 
Immigration and Nationality Act, 8 U.S.c. § IIOI(a)(15)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. 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 $630. Please be aware that 8 C.F.R. § 103.5(a)(1)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
( .... 
DISCUSSION: The director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner, a California corporation, claims to be engaged in the furniture business. The 
. ... of the beneficiary's foreign employer, _ 
located in the People's Republic of China. ~ 
United States United States Citizenship and Immigration Services (USCIS) to 
classify the beneficiary as a nonimmigrant intracompany transferee (L-1A) pursuant to section 
101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(L). The 
petitioner seeks to employ the beneficiary as Chief Executive Officer for a period of one year to 
open a new office in the United States. 
The director denied the petition on December 22, 2009, concluding that the record contains 
insufficient evidence to demonstrate that: (1) sufficient physical premises to house the new office 
have been secured; (2) the beneficiary has been employed abroad in a position that is primarily 
executive or managerial in nature; and (3) the new office will support the beneficiary in a primarily 
managerial or executive position within one year of the filing date of the petition. 
On January 19, 2010, the petitioner submitted the Form I-290B to appeal the denial of the 
underlying petition. The petitioner marked the box at part two of the Form I-290B to indicate 
that no supplemental brief and/or additional evidence will be submitted. Thus, the AAO deems 
the record complete and ready for adjudication. 
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. 8 C.F.R. § 103.3(a)(1)(v). On the Form I-290B, counsel for the petitioner states: 
"The analysis stated in the denial regarding the L-1A petition under related sections of INA and 
CFR is arbitrary and unreasonable." 
In regards to the director's conclusions that the petitioner failed to submit sufficient evidence to 
establish that the beneficiary has been and will be employed in a primarily managerial and 
executive capacity, and evidence that the petitioner has sufficient physical premises to house a 
new office, the petitioner fails to identify any erroneous conclusion of law for the appeal. On the 
Form I-290B, the petitioner states that the decision was "arbitrary and unreasonable" but fails to 
provide any supporting documentation to support this claim and overcome the director's 
concerns. As no additional evidence is presented on appeal to overcome the decision of the 
director, the appeal will be summarily dismissed in accordance with 8 C.F.R. § 103.3(a)(1)(v). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. § 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed. The petition is denied.