dismissed
L-1B
dismissed L-1B Case: Food Manufacturing
Decision Summary
The appeal was summarily dismissed because the petitioner failed to specifically identify any erroneous conclusion of law or statement of fact from the original decision, as required by regulation. The petitioner's statement on the appeal form only asked for a review of the documentation without presenting a basis for the appeal.
Criteria Discussed
Specialized Knowledge Capacity Qualifying Relationship
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U.S. Deparlment of Homeland Security 20 Mass. Ave.. N.W., Rm. A3042 Washington, DC 20529 U. S. Citizenship and Immigration Services File: EAC 02 009 53020 Office: VERMONT SERVICE CENTER Date: DE; 1 4 2~5 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (a)(15)(L) ON 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. Administrative Appeals Office EAC 02 009 53020 Page 2 DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimmigrant worker. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner claims it is a corporation organized in the State of New York in June 2001. It manufactures and sells sweets. It seeks to temporarily employ the beneficiary as its general manager, a position the petitioner claims requires specialized knowledge. Accordingly, the petitioner endeavors to classify the beneficiary as a nonimrnigrant intracompany transferee pursuant to section 10 1 (a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(L). The petitioner avers that it is affiliated with located in Colony, Multan, Palastan. - On October 3 1, 200 1, the director denied the petition, determining that: (1) the petitioner had not established that the beneficiary had been or would be employed in a specialized knowledge capacity; or (2) that a qualifying relationship exists between the petitioner and the foreign entity. The regulation at 8 C.F.R. ยง103.3(a)(l)(v) states, 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." On or about November.19, 2001, the petitioner filed a Form I-290B Notice of Appeal. The petitioner noted on the Form I-290B that it would not submit a separate brief or evidence. The statement on the Form I-290B reads: Respected SirIMam. It is humbly stated that the denial of Petition, I have received I am filing - appeal against this dec illegible] in Pakistan and its Branch in America. is my Sales Person. The officer perhaps did no consider my request due to reasons he knows better. My request is to review my documentation and covering letter and response to the referral letter. I believe if you go in the pages of file, my petition may be approved. The statement on the appeal form does not identify an erroneous conclusion of law or statement of fact for the appeal. As such, the regulations mandate the summary dismissal of the appeal. The petition will be denied for the above stated reasons, with each considered as an independent and alternative basis for denial. 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. 9 1361. Here, that burden has not been met. ORDER: The appeal is summarily dismissed.
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