dismissed L-1A

dismissed L-1A Case: Management

📅 Date unknown 👤 Company 📂 Management

Decision Summary

The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact in the director's decision. Counsel indicated they would submit a brief or evidence but failed to do so, leading to the dismissal for not meeting the procedural requirements of an appeal.

Criteria Discussed

Managerial Or Executive Capacity Summary Dismissal Procedure

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U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm., A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
FILE: EAC 02 235 51964 Office: VERMONT SERVICE CENTER Date: '4;s : ; 200: 
PETITION: Petition for a Nonimrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 3 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. 
/; ,2----- 
w' 
Robert P. Wiernann, ~irectdr 
\ Amnistrative Appeals Office 
EAC 02 235 5 1964 
Page 2 
DISCUSSION: The nonimrnigrant visa petition was denied by the Director, Vermont Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily 
dismissed. 
The petitioner seeks to extend its authorization to employ the beneficiary temporarily in the United States in a 
managerial or executive capacity, namely as its president. The director determined that the petitioner failed to 
provide sufficient evidence to establish that the beneficiary had been or would be employed primarily in a 
managerial or executive capacity. 
On appeal, counsel indicated that he would submit a brief and/or evidence to the AAO within 30 days. The 
notice of appeal is dated May 12, 2003. To date, the AAO has not received any additional evidence. 
Therefore, the record is considered complete. 
The regulation at 8 C.F.R. 103.3(a)(l)(v) states in part: 
Summary dismissal. 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. 
As the petitioner has failed to identify specifically any erroneous conclusion of law or statement of fact for the 
appeal, the appeal will be summarily dismissed. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought rests solely with the 
petitioner. Section 291 of the Act, 8 U.S.C. 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed. 
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