dismissed L-1A Case: General Services

U.S. Department of Homeland Security 
20 Mass. Ave, N.W., Rm. A3000 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services ~ 
PUBLIC COPY 
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FILE: 
 SRC-03-17 1-52722 Office: TEXAS SERVICE CENTER Date: 
JlJL 1 1 2006 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonirnmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1101(a)(15)(L) 
1, 
' ON BEHALF OF PETITIONER: 
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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 
Administrative Appeals Office 
SRC-03-171-52722 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter 
is now before the ~dministrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner states that it is a general services business.' It seeks to employ the beneficiary temporarily in 
the United States as its executive director, pursuant to section 101(a)(15)(L) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L), to open a new office. The director denied the petition 
based on the following: 1) petitioner failed to prove sufficient physical premises to house the new office had 
been secured; and 2) the petitioner failed to submit sufficient evidence to show the size of the United States 
investment and financial ability of the foreign entity to remunerate the beneficiary and to commence doing 
business. 
On the Form I-290B appeal, counsel for the petitioner fails to make any assertion or state any basis for the 
appeal. The form indicated that a brief or evidence would be submitted to the AAO within 30 days. The 
appeal was filed on January 20, 2004. As of this date, the AAO has received nothing furthe; 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. 5 103.3(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 counsel has failed to identify specifically an erroneous conclusion of law or a statement of fact in 
this proceeding, the appeal must be summarily dismissed. 
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. 
1 
 It should be noted that, according to the Florida Department of State, Division of Corporations, the petitioner 
has been administratively dissolved due to its failure to satisfy the state's annual report requirements. 
Therefore, regardless of whether the petitioner's annual report issues in Florida may be remedied, it raises the 
critical issue of the company's continued existence as a legal entity in the United States.