dismissed L-1A

dismissed L-1A Case: Import/Export

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Import/Export

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner's counsel failed to identify any specific erroneous conclusion of law or statement of fact in the original denial, as required by regulations, instead only making a general assertion of abuse of discretion.

Criteria Discussed

Managerial/Executive Capacity Procedural Requirements For Appeal

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View Full Decision Text
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
FILE: . WAC 02 226 54072 Office: CALIFORXA S 
PETITION: petition' for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1101(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. 
dministrative Appeals Office 
WAC 02 226 54072 
Page 2 
DISCUSSION: The Director, California Service Center, denied the petition for a nonimrnigrant visa. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed. 
The petitioner states that it is an import and export company. It seeks to extend its authorization to employ 
the beneficiary temporarily in the United States as its general manager, pursuant to section 101(a)(15)(L) of 
the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The director denied the petition 
based on the conclusion that the beneficiary would not be employed in a primarily managerial or executive 
capacity. 
On the Form I-290B appeal submitted on October 2,2003, counsel simply asserts: "The [CIS] has abused its 
discretion in denying this L-1A extension." Counsel further states that a brief or evidence would not be 
submitted to the AAO. 
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. ยง 1361. The petitioner has not met this burden. 
ORDER: The appeal is summarily dismissed. 
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