dismissed L-1A Case: Hospitality Goods Retail

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U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Ofice ofAdministrative Appeals, MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
File: EAC 09 01 6 50871 Office: VERMONT SERVICE CENTER Date: 
 FEB 2 4 2010 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and 
Nationality Act, 8 U.S.C. $ 1 101(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. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for 
the specific requirements. 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 $585. Any motion must be filed within 30 
days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(l)(i). 
\J Chief, Administrative Appeals Office 
- 41 
EAC 09 0 16 5087 1 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO will summarily dismiss the 
appeal. 
The petitioner filed this nonimmigrant petition seeking to extend the employment of its chief executive officer 
as an L-1 A nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. !ij 1 10 1(a)(15)(L). The petitioner, a New Jersey corporation, states that it 
is engaged in the retail sale of hospitality goods. The beneficiary was previously granted one year in L-1A 
classification in order to open a new office in the United States, and the petitioner now seeks to extend his 
status for three additional years. 
The director denied the petition on January 15, 2009, concluding that the petitioner failed to establish that the 
beneficiary will be employed in a primarily managerial or executive capacity under the extended petition. In 
denying the petition, the director observed that the petitioner failed to provide documentary evidence 
verifying the employment of any subordinate personnel who would relieve the beneficiary from primarily 
performing non-managerial duties associated with operating the petitioner's business. 
The petitioner subsequently filed an appeal. 
 The director declined to treat the appeal as a motion and 
forwarded the appeal to the AAO for review. On the Form I-290B, Notice of Appeal or Motion, counsel for 
the petitioner states: "Additional Documentation will be submitted along with the application, which will 
establish that the beneficiary's duties will be primarily managerial or executive in nature." Counsel indicated 
that he would submit a brief and/or additional evidence to the AAO within 30 days. The appeal was filed on 
February 17,2009. 
As no additional evidence has been incorporated into the record, the AAO contacted counsel by facsimile on 
January 29, 2010 to request that counsel acknowledge whether the brief andlor evidence were timely 
submitted, and to afford the petitioner an opportunity to re-submit any timely filed documents. As of the date 
of this decision, the petitioner has not responded to the AA07s inquiry. Accordingly, 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. 
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. 
Upon review, the AAO concurs with the director's decision and affirms the denial of the petition. The 
petitioner has not identified any erroneous conclusion of law or statement of fact on the part of the director, 
nor has it submitted any evidence on appeal to overcome the director's grounds for denial of the petition. 
. x.6 
EAC 09 016 50871 
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. Here, the petitioner has not met that burden. 
ORDER: 
 The appeal is summarily dismissed.