Date of Decision: April 3, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: IT and Cybersecurity Consulting
Petitioner Information
Profession: Executive Vice President and Group CISO
Field: IT and Cybersecurity Consulting
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner in this case is an IT and cybersecurity consulting company that sought to permanently employ the beneficiary as an Executive Vice President and Group Chief Information Security Officer (CISO) under the EB-1 classification for multinational executives or managers. The petition was filed with the Nebraska Service Center, which denied the petition. The petitioner appealed the decision, which was subsequently reviewed by the Administrative Appeals Office (AAO).
Key Issues
The main issue leading to the denial of the appeal was the petitioner’s failure to identify any specific erroneous conclusion of law or statement of fact in the initial decision. When filing the appeal, the petitioner indicated that a brief or additional evidence would be submitted within 30 days, but no such documentation was provided.
USCIS Findings
The USCIS found that the petitioner did not submit any additional information or evidence to support the appeal. Specifically, the petitioner failed to provide a statement on the Form I-290B (Notice of Appeal or Motion) that identified any specific error in the Director’s decision. Under 8 C.F.R. § 103.3(a)(1)(v), an appeal can be summarily dismissed if the petitioner does not specify any erroneous conclusions of law or incorrect statements of fact in the decision being appealed. As no further documentation or brief was submitted by the petitioner, the AAO was compelled to summarily dismiss the appeal.
Supporting Evidence
No additional supporting evidence or documentation was provided by the petitioner in support of the appeal. The lack of further evidence or a brief ultimately led to the summary dismissal of the appeal.
Additional Notes
The AAO emphasized the importance of clearly identifying errors in the original decision when filing an appeal. Simply stating an intention to submit additional evidence without following through can result in the appeal being dismissed without further review.
Conclusion
Final Determination: The appeal was summarily dismissed due to the petitioner’s failure to provide specific grounds for the appeal. The case serves as a reminder of the critical need for petitioners to substantiate their appeals with specific arguments and evidence when challenging a USCIS decision.
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