dismissed
EB-1C
dismissed EB-1C Case: Biopharmaceuticals
Decision Summary
The appeal was dismissed because the matter was declared moot. A subsequent I-140 immigrant petition filed for the same beneficiary was approved after the initial denial of this case, rendering this appeal unnecessary.
Criteria Discussed
Qualifying Managerial Or Executive Capacity
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
(b)(6) U.S. Department of Home .land Security U.S. Citizenship and Immigration Services Admini strative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 DATE: AUG 2 8 2014 OFFICE: NEBRASKA SERVICE CENTER FILE: INRE: Petitioner: Beneficiary: PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(l)(C) ofthe Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(C) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. Thank Ron Rosenberg Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as the matter is now moot. The petitioner is engaged in biopharmaceuticals, vaccines and blood testing, and it seeks to employ the beneficiary as its Associate Director Project Management. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(C) ofthe Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(C), as a multinational executive or manager. The director denied the petition on December 9, 2013, concluding that the petitioner failed to establish that the beneficiary's proposed employment with the U.S. entity would be within a qualifying managerial or executive capacity. A review of the United States Citizenship and Immigration Services (USCIS) records indicates that on July 7, 2014, a date subsequent to the denial, the beneficiary's Form I-140, Immigrant Petitioner for Alien Workers was approved. Therefore, the instant petition is moot.1 ORDER: The appeal is dismissed. The petition is moot. 1 The file shall be returned to the Nebraska Service Center to consider the beneficiary's motion on his denied Form I-485, Application for Adjustment to Permanent Resident Status.
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.