dismissed
L-1B
dismissed L-1B Case: It Services
Decision Summary
The appeal was summarily dismissed because the petitioner's counsel failed to submit a brief or evidence supporting the appeal. Counsel did not identify any specific erroneous conclusion of law or statement of fact from the director's initial denial, which is a requirement for an appeal to proceed.
Criteria Discussed
Specialized Knowledge Failure To Identify Error On Appeal
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifying data deleted to prevent clearly unwarranted invasion of persod priv~cy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 U. S. Citizenship and Immigration FILE: WAC 08 047 50624 Office: CALIFORNIA SERVICE CENTER Date: AUG 2 7 200[ PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a j(15 )(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 101(aj(15)(L) ON BEHALF OF PETITIONER: 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 WAC 08 047 50624 Page 2 DISCUSSION: The Director, California 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 is engaged in IT services, namely back offices and call center services. It seeks to employ the beneficiary as a nonimmigrant intracompany transferee with specialized knowledge pursuant to tj 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1101(a)(15)(L). The director denied the petition based on the conclusion that the petitioner failed to establish that the beneficiary possessed specialized knowledge or that he would be employed in a capacity involving specialized knowledge. On the Notice of Appeal received on April 21, 2008, counsel for the petitioner clearly indicates that he would send a brief with the necessary evidence to the AAO within thirty days. Specifically, counsel states: "The petitioner is in the process of acquiring additional documents to establish grounds for the appeal. As such, we respectfully request the Service Center to grant additional 30 days to submit an appeal." Counsel's general statement fails to specifically identify any errors on the part of the director. Although counsel requested additional time to submit an appeal, to date there is no indication that the petitioner or counsel ever submitted a brief and/or evidence in support of the appeal with the Service or with the AAO.' As stated above, absent a clear statement, brief andor evidence to the contrary, the petitioner does not identify, specifically, an erroneous conclusion of law or statement of fact. Hence, the appeal must be summarily dismissed. See 8 C.F.R. tj 103.3(a)(l)(v). Regulations at 8 C.F.R. tj 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. 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. 5 1361. Inasmuch as counsel has failed to identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the petitioner has not sustained that burden. Therefore, the appeal will be summarily dismissed. ORDER: The appeal is summarily dismissed 1 On August 12, 2008, the AAO sent a fax to counsel. The fax advised counsel that no evidence or brief had been received in this matter and requested that counsel submit a copy of the brief and/or additional evidence, if in fact such evidence had been submitted, within five business days. As of the date of this decision, the AAO has received no response from counsel or the petitioner.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.