dismissed
L-1A
dismissed L-1A Case: Maintenance Services
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a required brief or any additional evidence after filing the appeal. By not identifying any specific erroneous conclusion of law or statement of fact from the original decision, the petitioner did not meet the requirements to have the appeal considered on its merits.
Criteria Discussed
Managerial Or Executive Capacity Failure To Identify Error On Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
FILE: IN RE: SRC 03-2 14-5 1 150 Officc Petitioner: Beneficial? U.S. Department of Homeland Security 20 Mass, N.W., Rrn. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services :: TEXAS SERVICE CENTER Date: -* -. PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 1(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 office. Administrative Appeals Office SRC 03-214-51 150 ~Zge2 fi DISCUSSION: The Director, Texas 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 is a "maintenance and general housekeeping services" company for residential and commercial properties. 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 concluding that the beneficiary will not be employed in a primarily managerial or executive capacity. On the Form I-290B appeal, petitioner states: "I will be submitting a separate brief and documents." Petitioner indicated on the Form I-290B that a brief or evidence would be submitted to the MO within 30 days. The appeal was filed on February 23,2004. To date, careful review of the record reveals no subsequent submission, all other documentation in the record predates the issuance of the Notice of Decision. 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. The regulation 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 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.
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.