dismissed
L-1A
dismissed L-1A Case: Marine Services
Decision Summary
The director initially denied the petition because the petitioner failed to prove it had secured sufficient physical premises to house its new office. The AAO then summarily dismissed the appeal because the petitioner failed to identify any specific erroneous conclusion of law or statement of fact in the original decision, as required by regulations.
Criteria Discussed
Sufficient Physical Premises For New Office 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
1df;ptifying data daleted to prevent &.arty invasion of persona1 privacy U.S. Department of Homeland Security 20 Massachusetts Ave. N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration Services ptmJc COPY FILE: SRC 03 244 50041 Office: TEXAS SERVICE CENTER Date: OCT 1 1 20135 PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 101(a)(15)(L) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. Ail documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. '2 M Robert P. Wiemann, Director Appeals Office SRC 03 244 50041 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonirnmigrant 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 engaged in the provision of global marine services. It seeks to employ the beneficiary temporarily in its new office in the United States as its administrative 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 petitioner had not secured sufficient physical premises to house the new office as required by 8 C.F.R. 5 214.2(1)(3)(v)(A). On the Form I-290B Notice of Appeal submitted on May 6, 2004, the petitioner asserts that it intends to submit a supporting statement to the AAO within 30 days. As of this date, the record does not contain a supplemental statement or additional evidence in support of the appeal. On September 30, 2005, the AAO attempted to contact the petitioner by facsimile in order to determine whether supplemental evidence had been submitted in this matter. The petitioner's facsimile number is no longer in service. 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. 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. Here, 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.