dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was rejected on procedural grounds. First, the underlying petition was denied for abandonment, and regulations state that no appeal can be made from such a denial. Second, the appeal was filed untimely, nearly four months after the director's decision, well beyond the 33-day filing period.
Criteria Discussed
Denial For Abandonment Right To Appeal Timeliness Of Appeal
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PUBLICCOPV
DATE: JUL 2 6 lOll OFFICE: TEXAS SERVICE CENTER
INRE: 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
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to
Section 203(b){I)(C) of the Immigration and Nationality Act, 8 U.S.c. ยง 1153(b){I)(C)
ON BEHALF OF PETITIONER: SELF-REPRESENTED
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to
the office that originally decided your case. Any further inquiry must be made to that office.
Perry Rhew
Chief, Administrative Appeals Office
www.uscis.gov
Page 2
DISCUSSION: The Director, Texas Service Center, denied the immigrant visa petition. The matter is now
before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected.
The petitioner is a Florida corporation that seeks to classify the beneficiary as an employment-based
immigrant pursuant to section 203(b)(J)(C) of the Immigration and Nationality Act (the Act), 8 U.S.c.
ยง IIS3(b)(1 )(C), as a multinational executive or manager.
Noting that the record was deficient, the director issued a request for additional evidence on June 19, 2009.
After the petitioner failed to submit the requested evidence, the director issued a decision dated August 17,
2009, denying the petition for abandonment, pursuant to 8 C.F.R. ยง I 03.2(b )(l3)(i).
The director correctly informed the petitioner that no appeal would lie from the decision. Regardless, the
petitioner submitted an appeal on December 14,2009.
The regulations provide that no appeal lies from the denial of a petition for abandonment. See 8 C.F.R.
ยง 103.2(b)(1S). As there is no appeal from the director's denial, the petitioner's appeal must be rejected.
Additionally, the AAO notes that, even if the petition was not denied for abandonment, the appeal was
untimely and would have been rejected pursuant to 8 C.F.R. ยง J03.3(a)(2)(v)(B)(l), which states that an
appeal which is not filed within the time allowed must be rejected as improperly filed. In order to properly
file an appeal, the regulation at 8 C.F.R. ยง 103.3(a)(2)(i) provides that the affected party must file the appeal
within 30 days of service of the unfavorable decision. If the decision was mailed, the appeal must be filed
within 33 days. See 8 C.F.R. ยง 103.Sa(b). As noted above, the director issued the denial on August 17,2009.
However, the petitioner filed the appeal on December 14, 2009, nearly four months after the date of the
denial. For this additional reason, the appeal will be rejected.
ORDER: The appeal is rejected. Avoid the mistakes that led to this denial
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