dismissed
L-1A
dismissed L-1A Case: 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
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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.
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