dismissed
L-1A
dismissed L-1A Case: Maintenance Services
Decision Summary
The appeal was summarily dismissed because the petitioner failed to submit a promised brief or evidence to support the appeal. Under 8 C.F.R. ยง 103.3(a)(1)(v), an appeal may be summarily dismissed if the party concerned fails to specifically identify any erroneous conclusion of law or statement of fact.
Criteria Discussed
Managerial Or Executive Capacity Summary Dismissal For Failure To Identify Error
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FILE: IN RE: U.S. Department of Homeland Security 20 Mass, N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration SRC 03-214-5 1 150 Office: TEXAS SERVICE CENTER Date: PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 l(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. A j M obert P. Wiemann, irector .b Administrative Appeals Ofice SRC 03-2 14-51 150 pZge 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigant 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 temporarity in the United States as its General Manager, pursuant to section 10 1 (a)(l S)(t) of the lmmigration 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 ~voulb be submitted to the AAO within 30 days. The appeal was filed on February 23,2004. To date, careful review of the record reveals no subsequent submission, all other docurnenkon in the mod 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 fm, 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 tendering his or her services to the same employer or a subsidiary or fl11iate 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. $ 103,3(a)(I)(v) state, in pertinent part: An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identi@ 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.
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