dismissed L-1A Case: Medical Transcription

PlJ'Buc CO:py
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
File: LIN 05 26451914 Office: NEBRASKA SERVICE CENTER Date: fEB 0 1 20l1"'
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(L)
IN BEHALF OF PETITIONER:
SELF-REPRESENTED
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.
~~::~=~._. --~ -­
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
LIN 05 26451914
Page 2
DISCUSSION: The Director, Nebraska Service Center, denied the petition for a nonimmigrant visa. The
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily
dismissed.
The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary as its president and
chief executive officer as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(l5)(L)
of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101 (a)(l5)(L). The petitioner is a corporation
organized under the laws of the State of Illinois and is allegedly a medical transcription service. The
petitioner seeks to employ the beneficiary for three years.
The director denied the petition concluding that the petitioner did not establish that the beneficiary will be
employed in the United States in a primarily managerial or executive capacity.
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and
forwarded the appeal to the AAO for review.
To establish eligibility under section 101(a)(l5)(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. § 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. While the petitioner explains in a statement
why the rendering of services by the beneficiary in B-1 or B-2 status is unsatisfactory, the petitioner fails to
identify any errors in the denial of this L-IA nonimmigrant petition. Consequently, the appeal will be
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. § 1361. The petitioner has not met this burden.
ORDER: The appeal is summarily dismissed.