dismissed EB-1C

dismissed EB-1C Case: Business

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Business

Decision Summary

The appeal was dismissed as moot. The Administrative Appeals Office (AAO) found that the beneficiary had already been granted permanent resident status, which rendered the issues in the appeal irrelevant. The AAO did not review the merits of the director's revocation.

Criteria Discussed

Qualifying Relationship Between Foreign And U.S. Employers Qualifying Employment With The U.S. Entity In A Managerial Or Executive Capacity Qualifying Employment Abroad In A Managerial Or Executive Capacity Foreign Entity'S Ongoing Business Abroad

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" 
Identifying data deleted to 
prevent cle,'.rly unwarr;:wkd 
invuion ofp..:rsonal privac)' 
PUBLIC COpy 
DATE: JUL 1 3 2012 
IN RE: Petitioner: 
Beneficiary: 
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 
OFFICE: TEXAS SERVICE CENTER 
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. ยง 1153(b)(1 )(C) 
ON BEHALF OF PETITIONER: 
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. 
Thank you, 
PerryRbew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was approved on March 16, 2004 by the Director, Texas Service 
Center. The record shows that the director issued a decision dated January 19, 2010 revoking the approval of 
this petition. The petitioner subsequently appealed this matter to the Administrative Appeals Office (AAO). 
The AAO will neither affirm nor overturn the director's decision. Rather, the appeal will be dismissed as 
moot. 
The petitioner was established as a corporation under the laws of Texas. It seeks to hire the beneficiary as its 
executive director. 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. 
ยง 1153(b)(1 )(C), as a multinational executive or manager. The director revoked the petition after finding that 
the petitioner was ineligible based on four grounds. Namely, the director concluded that the record lacked 
credible evidence showing: (1) a qualifying relationship between the beneficiary's foreign and U.S. 
employers; (2) the beneficiary's qualifying employment with the U.S. entity in a managerial or executive 
capacity; (3) the beneficiary's qualifying employment abroad in a managerial or executive capacity; and (4) 
the foreign entity's ongoing business abroad. 
The records of U.S. Citizenship and Immigration Services indicate that this beneficiary was granted permanent 
resident status on April 22, 2010. While the petitioner has not withdrawn the appeal in this proceeding, it would 
appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. 
Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed. 
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