dismissed L-1A

dismissed L-1A Case: Marine Services

📅 Date unknown 👤 Company 📂 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

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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. 
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