dismissed
L-1A
dismissed L-1A Case: Import/Export
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet procedural requirements. Specifically, the petitioner did not identify any erroneous conclusion of law or statement of fact from the director's initial denial, which was based on a failure to establish a qualifying corporate relationship and that the beneficiary would be employed in a managerial or executive capacity.
Criteria Discussed
Qualifying Relationship Managerial Or Executive Capacity Procedural Grounds For Summary Dismissal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Massachusetts Ave., N. W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services FILE: EAC-03-221-54975 Office: VERMONT SERVICE CENTER Date: JUW 0 6 2005 PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101(a)(15)(L) ON BEHALF OF PETITIONER: SELF-REPRESENTED 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 ofice. L' $obert P. Wiemann, Director qministrative Appeals Ofice C EAC-03-221-54975 Page 2 DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner states that it operates as an importer and exporter. It seeks to extend its authorization to employ the beneficiary temporarily in the United States as its president, pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. tj 1101(a)(I 5)(L). The director denied the petition based on the conclusion that the petitioner failed to establish the following factors: (I) that the petitioner has a qualifying relationship with the claimed foreign entity; and (2) that the beneficiary has been and will continue to be employed in a managerial or executive capacity. On the Form I-290B appeal, the petitioner references an attached letter. In the one-page letter, the petitioner states "[pllease find the attachment of Form I-290B and following information as you requested." The petitioner then lists 13 items of documentation submitted in support of the appeal. The petitioner does not discuss the director's analysis or grounds for denial, or identify specifically any erroneous conclusion of law or statement of fact for the appeal. 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 the petitioner 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 29 1 of the Act, 8 U.S.C. 9 136 1. The petitioner has not met this burden. ORDER: The appeal is summarily dismissed.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.