dismissed L-1B Case: Software Development

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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 
File: LIN 05 042 52894 Office: NEBRASKA SERVICE CENTER Date: DEC 0 1 2006 
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. $ 1 101 (a)(15)(L) 
IN BEHALF OF BENEFICIARY: 
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. 
P. 
Robert P. 
Administrative Appeals Office 
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DISCUSSION: The Director, Nebraska Service Center, deniqd the petition for a nonimmigrant visa. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonimmigrant petition seeking to emplvy the beneficiary in the position of senior 
programmer as an L-1B nonimmigrant intracompany transferee with specialized knowledge pursuant to 
section 10 1(a)(l 5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. fj I 101 (a)(l 
pment and claims a qualifying relationship as the parent o 
The petitioner seeks to employ the beneficiary for a 
years. 
The director denied the petition, concluding that the petitioner failed to establish that the position offered 
requires an employee with specialized knowledge or that the beneficiary has such knowledge. 
On appeal, counsel for the petitioner asserts that the petitioner has satisfied the criteria for establishing that 
the beneficiary has specialized knowledge. Specifically, counsel asserts that the beneficiary has specialized 
knowledge of a proprietary software product, MagicDraw, including the program's technical features (e.g. 
requirements modeling extensions) and the source code, which permits MagicDraw's integration with other 
software applications. 
To establish eligibility for the L-1 nonimmigrant visa classification, the petitioner must meet the criteria 
outlined in section 101(a)(15)(L) of the Act. Specifically, a qualifying organization must have employed the 
beneficiary in a qualifying managerial or executive capacity, or in a specialized knowledge capacity, for one 
continuous year within three years preceding the beneficiary's application for admission into the United 
States. In addition, 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. 
The regulation at 8 C.F.R. $ 214.2(1)(3) further states that an individual petition filed on Form 1-129 shall be 
accompanied by: 
(i) 
 Evidence that the petitioner and the organization which employed or will employ the 
alien are qualifying organizations as defined in paragraph (l)(l)(ii)(G) of this section. 
(ii) 
 Evidence that the alien will be employed in an executive, managerial, or specialized 
knowledge capacity, including a detailed description of the services to be performed. 
(iii) 
 Evidence that the alien has at least one continuous year of full time employment 
abroad with a qualifying organization within the three years preceding the filing of 
the petition. 
(iv) 
 Evidence that the alien's prior year of employment abroad was in a position that was 
managerial, executive or involved specialized knowledge and that the alien's prior 
education, training, and employment qualifies himher to perform the intended 
services in the United States; however, the work in the United States need not be the 
LIN 05 042 52894 
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same work which the alien performed abroad. 
At issue in this proceeding is whether the petitioner has established that the beneficiary has been and will be 
employed in a capacity which involves specialized knowledge. 
Section 214(c)(2)(B) of the Act, 8 U.S.C. $ 1184(c)(2)(B), provides: 
For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity 
involving specialized knowledge with respect to a company if the alien has a special 
knowledge of the company product and its application in international markets or has an 
advanced level of knowledge of processes and procedures of the company. 
Furthermore, the regulation at 8 C.F.R. 5 2 14.2(1)(l)(ii)(D) defines "specialized knowledge" as: 
[Slpecial knowledge possessed by an individual of the petitioning organization's product, 
service, research, equipment, techniques, management or other interests and its application in 
international markets, or an advanced level of knowledge or expertise in the organization's 
processes and procedures. 
In a statement attached to the initial petition, the petitioner described the beneficiary's job duties with the 
foreign entity as follows: 
[With the foreign entity], [the beneficiary] is a "Senior Programmer" in the MagicDraw team. 
[The beneficiary's] duties consist of implementing various features in MagicDraw and 
MagicDraw UML Teamwork Server, unit testing, bug fixing, and providing technical support 
to MagicDraw customers for the features under his responsibility.' 
In the same statement, the petitioner asserts that the beneficiary has specialized knowledge of its MagicDraw 
product and breaks this knowledge down into five types and situations in which specialized knowledge of the 
product is necessary: (1) knowledge of MagicDraw's unique DDL (data definition language), which is 
necessary to support the design of relational databases using MagicDraw; (2) knowledge of requirements 
modeling; (3) knowledge of MagicDraw's application for business process modeling; (4) knowledge of the 
performance tuning of MagicDraw's Teamwork Server edition; and (5) knowledge of how to break 
MagicDraw down into modules or "shared packages" for customers. The petitioner specifically states that the 
beneficiary has specialized knowledge of the first, second, and fourth areas identified above. The petitioner 
also provides a breakdown of the beneficiary's job duties. As these duties appear in the record, they will not 
be repeated here. 
On February 3, 2005, the director requested additional evidence establishing that the beneficiary's knowledge 
is indeed specialized. Specifically, the director requested evidence distinguishing the beneficiary's knowledge 
'In the statement attached to the initial petition, MagicDraw is described as follows: "Magic Draw UML is a 
Unified Modeling Language (UML) software design tool with forward and reverse engineering capabilities in 
Java, C# and Ctt. MagicDraw UML has teamwork capabilities." 
LIN 05 042 52894 
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from that possessed by other similarly employed professionals. 
In response, the petitioner provided a letter dated April 25, 2005 providing more information regarding the 
beneficiary's purported specialized knowledge. In the letter, the petitioner asserts that part of its business 
includes the provision of MagicDraw to other sofhvare companies for integration into other applications. 
Because these integrations will require the writing and developing of interfaces between two applications, 
only an employee with intimate knowledge of the source code and technical features of MagicDraw can 
perform these functions. The petitioner further asserts that this "specialized knowledge" can only be gained 
from creating and writing the various editions of the MagicDraw program over the years, particularly because 
the source code is a closely guarded, proprietary secret. Finally, the petitioner asserts that the beneficiary's 
knowledge of MagicDraw's proprietary requirements modeling extensions is an example of the specialized 
knowledge which is required to perform the above described software integrations. 
The petitioner also asserts in the April 25, 2005 letter that, because MagicDraw has such a small market share 
when compared with other unified modeling language product offerings, those employees with extensive 
knowledge of the source code and technical features of MagicDraw possess "specialized knowledge." The 
petitioner claims that such knowledge is therefore quite uncommon in the industry, and a typical systems 
integration company cannot provide integration services for MagicDraw. As explained by the petitioner, this 
is primarily because the integration occurs before delivery to an end-user by creating a combined product, and 
it contends that the beneficiary will be one of the employees using "specialized knowledge" of secret, 
proprietary information to accomplish these integrations. The petitioner further explained the technical 
features of MagicDraw, e.g., application program interface, proprietary file formats, templates, visual model 
differencing, and diagrams, and why knowledge of these features is allegedly essential to integrating 
MagicDraw with other applications and providing the necessary support to end-users. According to the 
petitioner, if a software professional does not have knowledge of MagicDraw's technical features and source 
code by accumulating years of experience working with the various editions of the program, the software 
professional would not be able to perform integrations or work with end-uses of combined applications. 
Finally, the petitioner provides in its letter dated April 25, 2005 a summary of the beneficiary's duties both in 
the United States and abroad. The beneficiary's duties in Lithuania consist primarily of worlung with the 
proprietary MagicDraw requirements modeling extensions while the beneficiary's proposed duties in the 
United States will focus on product integration with the petitioner's customers. 
On June 7, 2005, the director denied the petition concluding that the petitioner failed to establish that 
beneficiary has been or would be employed in a specialized knowledge capacity. 
On appeal, counsel for the petitioner asserts that the petitioner has satisfied the criteria for establishing that 
the beneficiary has specialized knowledge. Counsel asserts that the beneficiary has specialized knowledge of 
the proprietary software product, MagicDraw, including the program's technical features and source code 
which permits its integration with other software applications. 
Upon review, the petitioner's assertions are not persuasive in demonstrating that the beneficiary has been, or 
will be, employed in a specialized knowledge capacity as defined at 8 C.F.R. 5 214.2(1)(l)(ii)(D). 
LIN 05 042 52894 
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In examining the specialized knowledge capacity of the beneficiary, the AAO will look to the petitioner's 
description of the job duties. See 8.C.F.R. 5 214,2(1)(3)(ii). The petitioner must submit a detailed job 
description of the services to be performed sufficient to establish specialized knowledge. In this case, while 
the beneficiary's job description adequately describes his duties as a software engineer, the petitioner fails to 
establish that these positions, both in the United States and abroad, require an employee with specialized 
knowledge. 
Although the petitioner repeatedly asserts that the beneficiary's proposed position in the United States 
requires "specialized knowledge," the petitioner has not adequately articulated any basis to support this claim. 
The petitioner has failed to identify any specialized or advanced body of knowledge which would distinguish 
the beneficiary's role from that of other experienced software professionals employed by the petitioner or in 
the industry at large. Going on record without documentary evidence is not sufficient for purposes of meeting 
the burden of proof in these proceedings. Matter of SofJici, 22 I&N Dec. 158, 165 (Comm. 1998) (citing 
Matter of Treasure Craft of California, 14 I&N Dec. 190 (Reg. Comm. 1972)). Specifics are clearly an 
important indication of whether a beneficiary's duties involve specialized knowledge; otherwise meeting the 
definitions would simply be a matter of reiterating the regulations. See Fedin Bros. Co., Ltd. v. Suva, 724, F. 
Supp. 1 103 (E.D.N.Y. 1989), afS'd, 905, F.2d 41 (2d. Cir. 1990). 
The petitioner asserts that the beneficiary possesses specialized knowledge of the petitioner's product, 
service, research and techniques, as well as of the petitioner's processes and procedures, which are unique and 
proprietary to the company. The petitioner also asserts that the beneficiary's knowledge is advanced, 
uncommon, noteworthy and distinguished. In support of these arguments, the petitioner relies heavily on its 
position that the beneficiary's knowledge of the source code and technical features of its MagicDraw software, 
including the proprietary requirements modeling extensions of MagicDraw, is sufficiently specialized to 
support the L-1B classification. The petitioner further asserts that the position in the United States, which 
focuses on the integration of MagicDraw with other software for its customers, requires the beneficiary to 
possess this specialized knowledge of MagicDraw's technical features and source code. 
However, despite these assertions, the record does not reveal the material difference between the technical 
features, source code, and the requirements modeling extensions of the petitioner's MagicDraw product, a 
unified modeling language (UML) product offering, and the technical features and source codes of similar 
products on the market. While the petitioner asserts repeatedly that the beneficiary gained his knowledge of 
MagicDraw's technical aspects from years of working with and creating the product, the record does not - 
establish that the beneficiary's knowledge is different from the knowledge of the technical features of UML 
software products possessed by software professionals generally throughout the industry, in the petitioner's 
workforce, or in the foreign entity's workforce. 
While the petitioner argues that the secret, proprietary nature of the technical features renders it either 
impractical or impossible for software integrations companies to integrate MagicDraw with other 
applications, thereby making it specialized, this does not establish that the beneficiary's knowledge is 
specialized for purposes of this visa classification. The petitioner cannot artificially manufacture specialized 
knowledge by refusing to share information. Rather, the petitioner must establish that the beneficiary's 
knowledge is specialized, because he gained the knowledge through extensive training or experience which 
could not easily be transferred to another employee. In this matter, the petitioner has not proven that the 
LIN 05 042 52894 
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beneficiary's knowledge of the technical features and source code is materially different from that possessed 
by similarly employed software professionals with experience integrating UML products. The fact that these 
other software professionals may not have very specific, proprietary knowledge regarding MagicDraw which 
would hinder their integration of the product is not relevant to these proceedings if this knowledge gap could 
be closed by the petitioner by simply revealing the information to a newly hired software engineer with UML 
product integration experience. 
Moreover, even assuming that the beneficiary's knowledge of the technical features and source code of 
MagicDraw constitutes specialized knowledge, the petitioner has not proven that the beneficiary has been 
employed in a specialized knowledge capacity in Lithuania. As explained in the record, the petitioner's 
argument that the beneficiary's knowledge is specialized is based entirely on the beneficiary's proposed use of 
this specialized knowledge to integrate MagicDraw with other applications. However, as explained in the job 
descriptions provided in the April 25,2005 letter, the beneficiary has not be working on product integration in 
Lithuania. To the contrary, the beneficiary's duties are almost exclusively related to worlung with proprietary 
MagicDraw requirements modeling extensions. Since the record is devoid of any evidence that these duties 
require specialized knowledge, the petitioner has not proven that the beneficiary has been employed abroad in 
a specialized knowledge capacity. 
The AAO does not dispute the likelihood that the beneficiary is a skilled and experienced software 
professional who has been, and would be, a valuable asset to the petitioner. However, it is appropriate for the 
AAO to look beyond the stated job duties and consider the importance of the beneficiary's knowledge of the 
business's product or service, management operations, or decision-making process. Matter of Colley, 18 I&N 
Dec. 1 17, 120 (Comm. 198l)(citing Matter of Raulin, 13 I&N Dec. 618(R.C. 1970) and Matter of LeBlanc, 
13 I&N Dec. 816 (R.C. 1971)). As stated by the Commissioner in Matter of Penner, when considering 
whether the beneficiaries possessed specialized knowledge, "the LeBlanc and Raulin decisions did not find 
that the occupations inherently qualified the beneficiaries for the classifications sought." 18 I&N Dec. 49, 52 
(Comm. 1982). Rather, the beneficiaries were considered to have unusual duties, skills, or knowledge beyond 
that of a skilled worker. Id. The Commissioner also provided the following clarification: 
A distinction can be made between a person whose skills and knowledge enable him or her to 
produce a product through physical or skilled labor and the person who is employed primarily for 
his ability to carry out a key process or function which is important or essential to the business 
firm's operation. 
It should be noted that the statutory definition of specialized knowledge requires the AAO to make 
comparisons in order to determine what constitutes specialized knowledge. The term "specialized knowledge" 
is not an absolute concept and cannot be clearly defined. As observed in 1756, Inc. v. Attorney General, 
"[slimply put, specialized knowledge is a relative . . . idea which cannot have a plain meaning." 745 F. Supp. 
9, 15 (D.D.C. 1990). The Congressional record specifically states that the L-1 category was intended for "key 
personnel." See generally, H.R. REP. NO. 91-851, 1970 U.S.C.C.A.N. 2750. The term "key personnel" 
denotes a position within the petitioning company that is "of crucial importance." Webster's IZ New College 
Dictionaly 605 (Houghton Mifflin Co. 2001). In general, all employees can reasonably be considered 
LIN 05 042 52894 
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"important" to a petitioner's enterprise. If an employee did not contribute to the overall economic success of 
an enterprise, there would be no rational economic reason to employ that person. An employee of "crucial 
importance" or "key personnel" must rise above the level of the petitioner's average employee. Accordingly, 
based on the definition of "specialized knowledge" and the congressional record related to that term, the AAO 
must make comparisons not only between the claimed specialized knowledge employee and the general labor 
market, but also between the employee and the remainder of the petitioner's workforce. While it may be 
correct to say that the beneficiary in the instant case is a highly skilled and productive employee, this fact 
alone is not enough to bring the beneficiary to the level of "key personnel." 
Moreover, in Matter of Penner, the Commissioner discussed the legislative intent behind the creation of the 
specialized knowledge category. 18 I&N Dec. 49 (Comm. 1982). The decision noted that the 1970 House 
Report, H.R. REP. NO. 91-851, stated that the number of admissions under the L-1 classification "will not be 
large" and that "[tlhe class of persons eligible for such nonimmigrant visas is narrowly drawn and will be 
carefully regulated by the Immigration and Naturalization Service." Id. at 5 1. The decision further noted that 
the House Report was silent on the subject of specialized knowledge, but that during the course of the sub- 
committee hearings on the bill, the Chairman specifically questioned witnesses on the level of skill necessary 
to qualify under the proposed "L" category. In response to the Chairman's questions, various witnesses 
responded that they understood the legislation would allow "high-level people," "experts," individuals with 
"unique" skills, and that it would not include "lower categories" of workers or "skilled craft workers." Matter 
of Penner, id. at 50 (citing H.R. Subcomm. No. 1 of the Jud. Comm., Immigration Act of 1970: Hearings on 
H.R. 445,913 Cong. 210,218,223,240,248 (November 12,1969)). 
Reviewing the Congressional record, the Commissioner concluded in Matter of Penner that an expansive 
reading of the specialized knowledge provision, such that it would include skilled workers and technicians, is 
not warranted. The Commissioner emphasized that the specialized knowledge worker classification was not 
intended for "all employees with any level of specialized knowledge." Matter of Penner, 18 1&N Dec. at 53. 
Or, as noted in Matter of Colley, "[mlost employees today are specialists and have been trained and given 
specialized knowledge. However, in view of the House Report, it can not be concluded that all employees 
with specialized knowledge or performing highly technical duties are eligible for classification as 
intracompany transferees." 18 I&N Dec. at 1 19. According to Matter of Penner, "[sluch a conclusion would 
pennit extremely large numbers of persons to qualify for the 'L-1 ' visa" rather than the "key personnel" that 
Congress specifically intended. 18 I&N Dec. at 53; see also, 1756, Inc. v. Attorney General, 745 F. Supp. at 
15 (concluding that Congress did not intend for the specialized knowledge capacity to extend to all employees 
with specialized knowledge, but rather to "key personnel" and "executives.") 
A 1994 Immigration and Naturalization Service (now Citizenship and Immigration Services (CIS)) 
memorandum written by the then Acting Associate Commissioner also directs CIS to compare the 
beneficiary's knowledge to the general United States labor market and the petitioner's workforce in order to 
distinguish between specialized and general knowledge. The Associate Commissioner notes in the 
memorandum that "officers adjudicating petitions involving specialized knowledge must ensure that the 
knowledge possessed by the beneficiary is not general knowledge held commonly throughout the industry but 
that it is truly specialized." Memorandum from James A. Puleo, Acting Associate Commissioner, 
Immigration and Naturalization Service, Interpretation of Specialized Knowledge, CO 214L-P (March 9, 
1994). A comparison of the beneficiary's knowledge to the knowledge possessed by others in the field is 
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therefore necessary in order to determine the level of the beneficiary's skills and knowledge and to ascertain 
whether the beneficiary's knowledge is advanced. In other words, absent an outside group to which to 
compare the beneficiary's knowledge, CIS would not be able to "ensure that the knowledge possessed by the 
beneficiary is truly specialized." Id. The analysis for specialized knowledge therefore requires a test of the 
knowledge possessed by the United States labor market, but does not consider whether workers are available 
in the United States to perform the beneficiary's job duties. 
As explained above, the record does not distinguish the beneficiary's knowledge as more advanced than the 
knowledge possessed by other experienced software professionals with a background in UML product 
integration. As the petitioner has failed to document any materially unique qualities to the technical features 
and source code of MagicDraw, the petitioner's claims are not persuasive in establishing that the beneficiary, 
while highly skilled, would be a "key" employee. There is no indication that the beneficiary has knowledge 
that exceeds that of any software professional with UML product integration experience, or that he has 
received special training in the company's methodologies or processes which would separate him from any 
other software professional employed with the petitioner or with the foreign entity. 
The legislative history of the term "specialized knowledge" provides ample support for a restrictive 
interpretation of the term. In the present matter, the petitioner has not demonstrated that the beneficiary 
should be considered a member of the "narrowly drawn" class of individuals possessing specialized 
knowledge. See 1756, Inc. v. Attorney General, supra at 16. Based on the evidence presented, it is concluded 
that the beneficiary has not been employed abroad, and would not be employed in the United States, in a 
capacity involving specialized knowledge. For this reason, the appeal will be dismissed. 
Beyond the decision of the director, a related matter is whether the petitioner has established that it has a 
qualifying relationship with the foreign employer, UAB Blatijos Programine Iranga of Lithuania. 
The regulation at 8 C.F.R. 5 214.2(1)(3)(i) states that a petition filed on Form 1-129 shall be accompanied by: 
(i) 
 Evidence that the petitioner and the organization which employed or will employ 
the alien are qualifying organizations as defined in paragraph (l)(l)(ii)(G) of this 
section. 
8 C.F.R. 5 214.2(i)(l)(ii)(G) defines a "qualifying organization" as a firm, corporation, or other legal entity 
which "meets exactly one of the qualifying relationslups specified in the definitions of a parent, branch, affiliate 
or subsidiary specified in paragraph (l)(l)(ii) of this section." A "subsidiary" is defined, in part, as a legal entity, 
2~inally, counsel's reliance on the interpretation of "specialized knowledge" provided by the Department of 
State's Visa Office (VO) is misplaced. First, there is no evidence provided by counsel that the interpretation 
is still valid in view of recent amendments to the Foreign Affairs Manual (FAM). Second, even if such 
evidence was provided, the FAM is not binding upon CIS. See Avena v. INS, 989 F.Supp. 1 (D.D.C. 1997); 
Matter of Bosuego, 17 I&N 125 (BIA 1979). The FAM provides guidance to employees of the Department of 
State in carrying out their official duties, such as the adjudication of visa applications abroad. The FAM is 
not relevant to this proceeding. 
LIN 05 042 52894 
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including a limited liability company, which "a parent owns, directly or indirectly, more than half of the entity 
and controls the entity." 
The regulation and case law confirm that ownership and control are the factors that must be examined in 
determining whether a qualifying relationship exists between United States and foreign entities for purposes 
of this visa classification. Matter of Church Scientology International, 19 I&N Dec. 593 (BIA 1988); see also 
Matter of Siemens Medical Systems, Inc., 19 I&N Dec. 362 (BIA 1986); Matter of Hughes, 18 I&N Dec. 289 
(Comm. 1982). In the context of this visa petition, ownership refers to the direct or indirect legal right of 
possession of the assets of an entity with full power and authority to control; control means the direct or 
indirect legal right and authority to direct the establishment, management, and operations of an entity. Matter 
of Church Scientology International, 19 I&N Dec. at 595. 
In the initial petition, the petitioner asserts that it is the 100% owner of a Lithuanian subsidiary, UAB Blatijos 
Programine Iranga. In support of this assertion, the petitioner provided a variety of corporate and 
organizational documents including a translation of a document titled Incorporation Act of Joint Stock 
Company "No Magic' Pastatai." According to section 6 of this document, the shares of the foreign subsidiary 
will be "material" equity shares. However, the petitioner did not provide a copy of any share certificates or 
any other documents specifically evidencing the petitioner's ownership of a majority of the shares of the 
foreign entity and did not offer any explanation as to why share certificates could not be produced. Going on 
record without supporting documentary evidence is not sufficient for purposes of meeting the burden of proof 
in these proceedings. Matter of Sofici, 22 I&N Dec. at 165. 
Accordingly, the petitioner has failed to establish that it has a qualifying relationship with the foreign entity, 
and the petition may not be approved for this additional reason. 
An application or petition that fails to comply with the technical requirements of the law may be denied by 
the AAO even if the Service Center does not identify all of the grounds for denial in the initial decision. See 
Spencer Enterprises, Inc. v. United States, 229 F. Supp. 2d 1025, 1043 (E.D. Cal. 2001), affd, 345 F.3d 683 
(9th Cir. 2003); see also Dor v. INS, 891 F.2d 997, 1002 n. 9 (2d Cir. 1989) (noting that the AAO reviews 
appeals on a de novo basis). 
The petition will be denied for the above stated reasons, with each considered as an independent and 
alternative basis for denial. When the AAO denies a petition on multiple alternative grounds, a plaintiff can 
succeed on a challenge only if it is shown that the AAO abused its discretion with respect to all of the AAO's 
enumerated grounds. See Spencer Enterprises, Inc., 229 F. Supp. 2d at 1043. 
3~he AAO acknowledges that CIS had approved a blanket petition for the petitioner in the past which simply 
pre-approved the claimed qualifying relationships made in that petition for a three-year period. However, not 
only had that blanket petition expired at the time the current petition was filed, no evidence was presented to 
show that the qualifying relationship claimed in this petition was part of that approved blanket. Moreover, the 
AAO is not required to approve a subsequent petition where eligibility has not been demonstrated, merely 
because of prior approvals that may have been erroneous. See, e.g., Matter of Church Scientology 
International, 19 I&N Dec. at 597. 
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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. Here, that burden has not been met. Accordingly, the 
appeal will be dismissed. 
ORDER: The appeal is dismissed.