dismissed EB-1C

dismissed EB-1C Case: Business Management

📅 Date unknown 👤 Company 📂 Business Management

Decision Summary

The appeal was dismissed because the petitioning corporation was found to be dissolved and its corporate status inactive, according to public records. The petitioner failed to respond to the AAO's request for evidence to rebut this finding, which raised serious questions about its existence as an employer and its ability to conduct business.

Criteria Discussed

Petitioner'S Viability Corporate Status Qualifying Relationship Doing Business

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(b)(6)
U.!). ~P,Ilrt!lle~_t of ffom.eland SewritY 
U.S. Citizenship and lmmigrat~ on Seryict:s 
Adrninisinitive Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529<i090 
U.S. Citizenship 
and Immigration 
Services 
DATR: SEP 0 3 2013 . OFFICE: NEBRASKA SERVICE CENTER FILE: 
lNRE: 
PETITIQN: 
Petitioner: 
B~nefici(lry: 
Immigrant Petition for Alien Work~r as a Multinational Executive or MailagerPursl.l,ailt to 
Sec(ion 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
· ON BEHALF OF PETITIONER: 
SELF~ REPRESENTED 
.INS.TRUCTIONS: 
Enclosed please find tbe decision of the Administrative Appeals Office (AAO) in your case. 
Tbis. is a non-precedent decision. The AAO does not an.nounce new constructions of law nor establish agency 
policy thro\Jgh hOI)-precedent decisions. If you believe the AAO incott~tly applied current law or policy to 
your case or if you seek to present new facts for consideration, yol.l inay file <1. m_otion to rec.onsider or a 
motion to reopen. respectively. Arty (notion (nus.t be filed on a Notice-of Appeal or Motion (Form I~~90B) 
within 33 days of the date of this . ciedsion~ Please review the Form I-290B Instructions at 
http://www.usds.gov/fonns · for the late~t illfQI'Ill.~ttion on fee, ·filing location, . and other requirements. 
Sec<li~o 8~C.F.R. § 103.5. Do not file a motion directly wit.b the AAO. · 
Thank: you, 
t .. . 
Cj Rpn Ros . _·berg _ .. . 
Chief, Admirtisttat.ive Appeals Office 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The preference visa 
petition was denied by the Director, Nebraska Service Center. It is now 
on appeal l,)efore Administrative Appeals Office (AAO). The appeal will be dismissed. 
The petitioner, a California corporation, seeks to employ the beneficiary as its President. Accordingly, tbe 
petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 
203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(C), as a multinational 
executive or manager. 
On June 27, 2013, pursuant to 8 C.F.R. § 103.2(b)(16)(i), this office notified the petitioner that, according to 
. t))e public records available at the California Secretary of State website, the petitioner is currently dissolved and 
its corporate status is inactive. See Website of t,he California Secretary of State, Business Entity Detail, 
http://keplf!r.sos.ca.gov (accessed June 26, 2013). 
This office also notified the petitioner that if it is clirreritly dissolved, this fact is material to its eligibility for the 
re.q1Jested visa. Specifically, the petitioner's dissolution ra,i_ses serious questions about whether it continues to . 
exist as an importing employer; whether tbe petitioner maintains a qualifying· relationship, and whether it. is 
authorized to c.onduct business in a regular and systematic manner. See section 203(b)(l)(C) of the Act; see q/so 
8 C.P.R. §§ 204.5(j)(2) a:nd (3)(i)(C). 
This office allowed the petitioner 30 days in which to provide evidence to rebut the finding that the petitioner 
has been dissolved. More than 30 days have pass~d ancl the petitioner has failed to respond to this office's 
request for a certificate of good standing or other proof that the petitioner remains iii operation as a viable 
business. Thus, the appeal will be dismissed as moot.1 
The AAO conducts appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 
2004). The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. § 1361. The petitioner has not met that burden. 
ORDER~ The appeal is dismissed. 
1 Even If the appeal could be sustained, the petition's approval would be subject to revoc.ation pursuant t() 8 C.F.R. 
§ 214.2(l)(9)(iii) upon dissol11tion of the corporate entity. Accordingly, the AAO finds tha:t.the dissolution of the 
petitioner deprives this appeal of any practical significance. Considerations of prudence warrant the dismissal of 
the appeal as moot See Matter of Luis, 22 I&N Dec. 747,753 (BIA 1999). 
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