dismissed EB-1C Case: Business

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identltymg d"~l<l duc,o.;u to 
prevent c1eTl:; unwarranted 
invasion of personal privacy 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PUBLlCCOPY 
DATE: SEP 2 8 2012 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1 1 53(b)(l)(C) 
ON BEHALF OF PETITIONER: SELF-REPRESENTED 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
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Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The petitioner 
appealed the matter to the Administrative Appeals Office (AAO) where the appeal was summarily dismissed. 
The petitioner subsequently filed a motion to reopen and reconsider, which the AAO also dismissed. The 
matter is currently before the AAO on a second appeal. The appeal will be rejected. 
The petitioner is a New York corporation that seeks to employ the beneficiary as its president. Accordingly, 
the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b )(1 )(C) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1153(b )(1 )(C), as a multinational 
executive or manager. 
On July 29, 2008 the director denied the petition based on the determination that the petitioner failed to 
establish that the beneficiary would be employed in the United States in a managerial or executive capacity. 
The petitioner appealed the denial disputing the director's fmdings. The AAO dismissed the appeal, 
affirming the director's adverse finding with regard to the beneficiary's employment capacity in the proposed 
position with the U.S. entity. The AAO also found, beyond the decision of the director, that the petitioner 
submitted conflicting information regarding its ownership and therefore failed to establish that it has a 
qualifying relationship with a foreign entity. 
In a decision dated March 4,2011, the AAO dismissed the petitioner's motion, concluding that the petitioner 
failed to meet regulatory requirements at 8 C.F.R. § 103.5(a)(2) for a motion to reopen or the requirements at 
8 C.F.R. § 103.5(a)(3) for a motion to reconsider. The AAO also determined that the petitioner failed to 
provide credible and reliable evidence to overcome the additional adverse finding pertaining to the qualifying 
relationship requirement. Accordingly, the AAO dismissed the motion pursuant to 8 C.F.R. § 103.5(a)(4), 
which states, in pertinent part, that a motion that does not meet applicable requirements shall be dismissed. 
The petitioner now files an appeal from the AAO's prior dismissal of the motion to reconsider. The 
petitioner's appeal must be rejected. The AAO does not exercise appellate jurisdiction over its own decisions. 
The AAO exercises appellate jurisdiction over the matters described at 8 C.F.R. § 103.1 (t)(3)(iii) (as in effect 
on February 28,2003). See DHS Delegation Number 0150.1; 8 C.F.R. § 103.3(a)(iv). Accordingly, the 
appeal is not properly before the AAO and will therefore be rejected. 8 C.F.R. § 103.3(a)(2)(v)(A)(J). 
ORDER: The appeal is rejected.