dismissed L-1A

dismissed L-1A Case: Medical Equipment Wholesale

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Medical Equipment Wholesale

Decision Summary

The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or additional evidence after indicating they would do so. Counsel also failed to specifically identify any erroneous conclusion of law or statement of fact in the director's original denial.

Criteria Discussed

Qualifying Relationship Sufficient Investment One Year Of Continuous Experience In A Managerial/Executive Capacity Employment In A Primarily Managerial/Executive Capacity

Sign up free to download the original PDF

View Full Decision Text
identifying data deleted to 
prevent cler.r!y unwarranted 
invasion of personal privacy 
PUBLIC COpy 
u.s. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (MO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: 
JUL 28 2011 
OFFICE: CALIFORNIA SERVICE CENTER FILE: 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(IS)(L) of the 
Immigration and Nationality Act, 8 U.S.C. ยง I 101 (a)(lS)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. 
The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or 
Motion, with a fee of$630. Please be aware that 8 C.F.R. ยง 103.5(a)(l)(i) requires that any motion must 
be filed within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscb.gov 
Page 2 
DISCUSSION: The director denied the nonimmigrant visa petition and the matter is now before 
the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. 
The petitioner filed this petition seeking to employ the beneficiary as an L-I A nonimmigrant 
intracompany transferee pursuant to section IOI(a)(l5)(L) of the Immigration and Nationality Act 
(the Act), 8 U.s.c. ยง llOl(a)(l5)(L). The petitioner, an Illinois corporation, states that it is engaged 
in the wholesale of medical equipment. The petitioner claims to be a branch of_., located 
in Pakistan. The petitioner seeks to employ the beneficiary as its manager in the United States. 
On March 4, 2009, the director denied the petition, concluding that: (1) the petitioner failed to 
demonstrate a qualifYing relationship between the foreign company and the petitioner; (2) the 
petitioner failed to demonstrate that the petitioner invested sufficient funds to start doing business in 
the United States; (3) the petitioner failed to establish that the beneficiary has one year of 
continuous experience with the foreign company primarily in managerial or executive capacity 
preceding the filing of the instant petition; and (4) the petitioner failed to establish that the 
beneficiary will be employed in a position that is primarily executive or managerial in nature. 
On April 7, 2009, counsel for the petitioner submitted the Form I-290B to appeal the denial of 
the underlying petition. The petitioner marked the box at part two of the Form I-290B to indicate 
that a brief and/or evidence would be sent within 30 days. The appeal brief was never received 
by the AAO, thus, the AAO deems the record complete and ready for adjudication. 
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. 8 C.F.R. ยง 103.3(a)(l)(v). 
On the Form I-290B, the counsel for the petitioner states that the director failed to consider the 
information provided by the petitioner. However, counsel does not present any evidence to 
support this claim. In regards to the director's conclusions that the petitioner failed to submit 
sufficient evidence to show the petitioner is eligible for the approval of the L-IA classification, 
counsel fails to identify any erroneous conclusion of law or statement of fact for the appeal. As 
no additional evidence is presented on appeal to overcome the decision of the director, the appeal 
will be summarily dismissed in accordance with 8 C.F.R. ยง 103.3(a)(l)(v). 
The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 
8 U.S.C. ยง 1361. The petitioner has not sustained that burden. 
ORDER: The appeal is summarily dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

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.