dismissed
L-1A
dismissed L-1A Case: Musical Instruments
Decision Summary
The appeal was summarily dismissed because the Petitioner failed to meet the procedural requirement of identifying a specific error of law or fact. The Petitioner indicated they would submit a brief within 30 days but failed to do so, resulting in the dismissal of the appeal.
Criteria Discussed
Failure To Identify Specific Error On Appeal
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U.S. Citizenship and Immigration Services MATIER OF A-B-, LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 15, 2018 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a musical instrument and equipment distributor, seeks to temporarily employ the Beneficiary as the president of its new office under the L-1A nonimmigrant classification for intracompany transferees. Immigration and Nationality Act section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The L-lA classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transfer a· qualifying foreign employee to the United States to work · temporarily in a managerial or executive capacity. The Director of the Vermont Service Center denied the petition. The matter is now before us on appeal. Upon review, we will summarily dismiss the appeal. An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically an erroneous conclusion of law or statement of fact for the appeal. 8 C.F.R. § 103.3(a)(l )(v). The Petitioner did not provide a statement in support of the appeal that specifically identifies an erroneous conclusion of law or statement of fact in the decision being appealed. On the Form I-290B, Notice of Appeal or Motion, the Petitioner stated that a brief or additional evidence would be submitted within 30 days of the January 22, 2018, filing date. However, we have not received anything further from the Petitioner to date. Because the Petitioner has not identified a specific, erroneous co.nclusion of law or statement of fact in the Director's decision below, the appeal must be summarily dismissed. · ORDER: The appeal is summarily dismissed pursuant to 8 C.F.R. § 103.3(a)(l )(v). Cite as Matter of A-B-, LLC ID# 1576239 (AAO June 15, 2018)
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