dismissed EB-1C

dismissed EB-1C Case: Construction

📅 Date unknown 👤 Company 📂 Construction

Decision Summary

The appeal was dismissed because the petition became moot. After the appeal was filed, the U.S. petitioner company dissolved, meaning it no longer legally exists and cannot provide a bona fide job offer to the beneficiary.

Criteria Discussed

Qualifying Relationship One Year Of Foreign Employment Managerial Or Executive Capacity (Abroad) Managerial Or Executive Capacity (U.S.) Permanent Full-Time Job Offer Doing Business In The U.S. Ability To Pay Proffered Wage Petitioner'S Legal Existence/Dissolution

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 12872276 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC . 18, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, describing itself as a nonresidential construction company, sought to permanently 
employ the Beneficiary as its executive director under the first preference immigrant classification for 
multinational executives or managers. Immigration and Nationality Act (the Act) 
section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). 
The Director of the Texas Service Center denied the petition on multiple grounds, concluding that the 
Petitioner did not establish that: 1) it had a qualifying relationship with the Beneficiary's foreign 
employer; 2) the Beneficiary was employed abroad for one continuous year in the three preceding the 
date the petition was filed; 3) the Beneficiary had been employed abroad in a managerial or executive 
capacity; 4) the Beneficiary would be employed in the United States in a managerial or executive 
capacity; 5) the Beneficiary was offered permanent full-time employment in the United States; 6) it 
was doing business in the United States as defined by the regulations; and 7) it had the ability to the 
pay the Beneficiary's proffered wage. 
The Petitioner was established under the laws of the State of Louisiana . After filing the petition and 
this appeal 1, the Petitioner filed an affidavit to dissolve with the Louisiana Secretary of State on 
December 28, 2016. 2 The Petitioner's dissolved status is material to its eligibility for the requested 
visa, including several of the Director's grounds for denying the petition discussed above. 
Specifically, the Petitioner's dissolution indicates that it does not continue to exist as an intending U.S. 
employer, does not maintain a qualifying relationship with a foreign entity, and is not authorized to 
conduct business. See section 214(c)(l) of the Act; see also 8 C.F.R. §§ 214.2(1)(1)(ii)(G) and (1)(3). 
Because there is no active and legal U.S. entity, no bona fide job offer exists for the Beneficiary; 
therefore, the petition has become moot and the appeal must be dismissed . 
ORDER: The appeal is dismissed. 
1 The petition was filed on September 20, 2013 and the appeal was filed July 6, 201,..5 __________ _, 
2 See https ://coraweb .sos.la .gov/commercialsearch /CommercialSearchDetails .aspx?j.._ __________ __,

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