Date of Decision: November 19, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Import and Wholesale Company
Beneficiary Information
Profession: President
Field: Import and Wholesale Company
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Case Overview
The petitioner, an import and wholesale company, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States.
On appeal, the petitioner failed to provide any evidence or argument addressing the specific grounds for denial. Although the petitioner indicated on the appeal form that a brief or additional evidence would be submitted within 30 days, no further documentation was provided. As a result, the Administrative Appeals Office (AAO) summarily dismissed the appeal due to the petitioner’s failure to identify any erroneous conclusion of law or fact as required by the regulations.
Key Issues
The key issue was whether the petitioner provided sufficient evidence to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity. The AAO found that the petitioner did not address this issue on appeal, leading to the summary dismissal of the appeal.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required to overturn the Director’s decision. The AAO emphasized that an appeal must specifically identify any errors in the decision being appealed and provide supporting evidence or argument. In this case, the petitioner failed to provide any such information, resulting in the dismissal of the appeal.
Supporting Evidence
The petitioner did not submit any additional evidence or argument on appeal. The AAO noted the absence of a brief or supplementary documentation that could have addressed the grounds for denial.
Additional Notes
The AAO highlighted the importance of providing a detailed and specific response when appealing a USCIS decision. The failure to address the Director’s findings or submit supporting evidence resulted in the summary dismissal of the appeal.
Conclusion
Final Determination: The appeal was summarily dismissed. The petitioner failed to provide any evidence or argument to contest the grounds for denial, resulting in the upholding of the Director’s decision.
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