dismissed EB-1C Case: Export And Distribution

(b)(6)
DATE: FEB 1 9 2014 
INRE: Petitioner: 
Beneficiary: 
Office: TEXAS SERVICE CENTER 
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)(1 )(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to 
your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a 
motion to reopen; respectively. Any motion must be filed on a Notice of Appeal or Motion (Form 1-2908) 
within 33 days of the date of this decision. Please review the Form I-290B instructions at 
http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. 
See also 8 C.F.R. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
1:: pan R V'envb~e/l.rgtwt.--.. 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the preference visa petition. The matter is now 
before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner filed this immigrant petition seeking to classify the beneficiary as a multinational executive or 
manager pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S .C. 
§ 1153(b )( 1 )(C). The petitioner, a Florida corporation, states that it engages in the export and distribution of 
merchandise with six current employees and a gross annual income of $951 ,384.00. The petitioner is seeking 
to employ the beneficiary as its general manager. 
The director denied the petition after issuing a notice of intent to deny and reviewing the petitioner's response. 
The director concluded that the petitioner failed to establish that it has a qualifying relationship with the 
beneficiary's foreign employer. The director ultimately determined 
that the petitioner submitted falsified 
evidence in support of the petition and denied the petition with a finding of fraud. 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and 
forwarded the appeal to the AAO. On appeal , counsel for the petitioner asserts that the petitioner has not 
presented any falsified documents in order to obtain an immigration benefit. Counsel submits a brief and 
additional evidence in support of the appeal. In addition, the petitioner submits a statement from the 
beneficiary, who requests oral argument before the AAO. 
I. THE LAW 
Section 203(b) of the Act states in pertinent part : 
(1) Priority Workers. -- Visas shall first be made available ... to qualified immigrants who 
are aliens described in any of the following subparagraphs (A) through (C): 
* * * 
(C) Certain Multinational Executives and Managers. -- An alien is described 
in this subparagraph if the alien, in the 3 years preceding the time of the 
alien's application for classification and admission into the United States 
under this subparagraph, has been employed for at least 1 year by a firm or 
corporation or other legal entity or an affiliate or subsidiary thereof and who 
seeks to enter the United States in order to continue to render services to the 
same employer or to a subsidiary or affiliate thereof in a capacity that is 
managerial or executive. 
The language of the statute is specific in limiting this provision to only those executives and managers who 
have previously worked for a firm, corporation or other legal entity, or an affiliate or subsidiary of that entity, 
and who are coming to the United States to work for the same entity, or its affiliate or subsidiary. 
A United States employer may file a petition on Form I-140 for classification of an alien under section 
203(b)(l)(C) of the Act as a multinational executive or manager. No labor certification is required for this 
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