dismissed L-1A Case: Wholesale Trading

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PUBLICCOPY
identifying data deleted to
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U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
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File: EAC 07 011 51551 Office: VERMONT SERVICE CENTER Date: OCT 0 3 lOU7
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)(15)(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.
www.uscis.gov
\.
EAC0701151551
Page 2
DISCUSSION: The Director, Vermont 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 extend the employment of its general manager
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 Florida and is allegedly in the wholesale trading business. The director denied the petition
concluding that the petitioner did not establish that the beneficiary will be employed in a primarily executive
or managerial 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. On appeal, the petitioner states in the Form I-290B as follows:
In view of the denial of this petition I would like to appeal as it is my sincere belief that there
has been a lapse in communication. I would request for an opportunity for motion to reopen
and present more documents/evidences to support and justify my petition extension.
The petitioner further indicated that it would be sending a brief and/or evidence to the AAO within thirty
days. However, as of the date of this decision, neither a brief nor additional evidence has been received and
the record will be considered complete.'
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.
IOn September 10, 2007, the AAO sent a fax to the petitioner requesting that it submit a brief and/or
additional evidence, if these materials had previously been submitted, within five business days along with
evidence of the date they were originally filed with Citizenship and Immigration Services. As of the date of
this decision, the petitioner has not responded to this request.
EAC 07011 51551
Page 3
Inasmuch as the petitioner has failed to identify specificall y 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. § 1361. The petitioner has not met this burden .
ORDER: The appeal is summarily dismissed.