dismissed L-1B Case: Import/Export
Decision Summary
The appeal was summarily dismissed because the petitioner failed to meet the procedural requirements for an appeal by not specifically identifying any erroneous conclusion of law or statement of fact in the director's decision. The petitioner's statements on appeal were broad, unsupported assertions that did not address the director's findings, such as the discrepancy in the company's stated business and the lack of detail on the beneficiary's duties.
Criteria Discussed
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U.S. Department of Homeland Security 20 Masachusetts Ave.. N W . Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration FILE: Office: TEXAS SERVICE CENTER Date: JULM~B PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 l(a)(15)(L) ON BEHALF OF PETITIONER: S ELF-REPRESENTED INSTKUCTIONS: 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. obert P. Wiemann, Director Administrative Appeals Office Page 2 DISCUSSION: The Director, Texas 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 states that it operates as an importer and exporter of industrial equipment, parts, accessories, lubricants, and oil. It seeks to employ the beneficiary temporarily in the United States as an L-IB nonimmigrant intracompany transferee with specialized knowledge pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1101(a)(15)(L). The director denied the petition, concluding that the petitioner failed to establish that the beneficiary possesses specialized knowledge, or that the prospective position requires an individual with specialized knowledge. On the Form I-290B appeal, the petitioner states the following: [W]e appeal the decision based on the following reasons: 1. The [foreign entity] guarantees that the work experience showed by [the beneficiary] in our organization demonstrates a knowledge level ahead of the elementary or basic, since she is in charge of support in a technological level to increase and automate our work process, thanks to the implementation of methodologies that require an advanced level of analysis and knowledge. 2. The [petitioner] showed evidence of the business currently managed. Nevertheless, the incorporation of a professional with advanced education, like [the beneficiary], is needed to develop and expand our business field within the United States; implementing quality improvements with an adequate technological support in our main area of import and export, which is the biggest area where we need her great experience, acquired from Venezuela, to develop similar procedures in the United States. The petitioner provides no additional evidence to support the appeal. The petitioner does not discuss the director's analysis. For example, the director pointed out that the petitioner's documentation shows that it operates a convenience store rather than an import export business as claimed. The director further noted that the petitioner failed to provide sufficient detail regarding the beneficiary's duties. The petitioner does not address these assertions on appeal. The petitioner's comment on Form I-290B is limited to a broad conclusion regarding the beneficiary's prior experience, and a general statement regarding the petitioner's need for the beneficiary's services. The petitioner's statement represents a general summary of assertions already contained in the record. The petitioner fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. To establish eligibility under section 101(a)(15)(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. Page 3 Regulations at 8 C.F.R. 5 103.3(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. 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. ij 1361. The petitioner has not met this burden. ORDER: The appeal is summarily dismissed.
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