dismissed L-1A

dismissed L-1A Case: International Trade

📅 Date unknown 👤 Company 📂 International Trade

Decision Summary

The appeal was summarily dismissed on procedural grounds. The petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the director's denial, as required by regulation. Merely asking for a review of previously submitted information is insufficient for an appeal.

Criteria Discussed

Qualifying Relationship One Year Of Prior Employment Managerial Or Executive Capacity Failure To Identify Error On Appeal

Sign up free to download the original PDF

View Full Decision Text
idantifjlissg 6t. QW to 
prevent clearly unwarranted 
invaaim ofpenol~l privacy 
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. A3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
File: WAC 05 133 53147 Office: CALIFORNIA SERVICE CENTER Date: 2 3 3m 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1101(a)(15)(L) 
IN 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 office. 
//.-I -. - - --- -3 
+ - Rob&+*.-mmann, Chief 
Administrative Appeals Office 
WAC 05 133 53147 
Page 2 
DISCUSSION: The Director, California 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 filed this nonimmigrant visa petition seeking to employ the beneficiary as its president to open 
a new office in the United States as an L-1A nonimmigrant intracompany transferee pursuant to section 
101 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(15)(L). The petitioner is 
a corporation organized under the laws of the State of California and is allegedly engaged in international 
trade. 
The director denied the petition concluding that the petitioner did not establish that there is a qualifying 
relationship between the petitioner and the foreign employer. 
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 appeal, the petitioner states in its Form I-290B, and in an 
appended letter dated June 16, 2005, that "[nlo additional information and evidence is submitted [at] this 
time" and that the AAO should "see the previously submitted information and documentation." 
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 291 of the Act, 8 U.S.C. 5 1361. The petitioner has not met this burden. 
ORDER: 
 The appeal is summarily dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

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.