dismissed EB-1C Case: Industrial Parts Retail And Real Estate

MATTER OF D-1-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 8, 2018. 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, which stated that it was engaged in the retail sale of industrial precision parts and 
provision of real estate brokerage services, seeks to permanently employ the Beneficiary as vice 
president of business development 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). This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in a managerial or 
executive capacity. 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did 
not establish, as required, that: (1) it has a qualifying relationship with the Beneficiary's prior 
foreign employer; (2) it had been doing business for at least one year as of the date of filing; (3) the 
Beneficiary was employed abroad in a managerial or executive capacity; and (4) the Beneficiary 
would be employed in the United States in a managerial or executive capacity. 
While reviewing the record of proceeding and conducting verification of the information contained 
therein, we found that the Petitioner had filed a Certificate of Dissolution with the California· 
Secretary of State on August 7, 2018, subsequent to filing this appeal. According to this document, 
the Petitioner's shareholders voluntarily elected to wind up operations and dissolve the company. 
We sent the Petitioner a notice of intent to dismiss (NOID) with a copy of the Certificate of 
Dissolution, and allowed it opportunity to respond to. this derogatory information under the terms set 
forth in the regulations at 8 C.F.R. § 103.2(b)(16). We have not received a response to the NOID. 
If a petitioner does not respond to a request for evidence or a notice of intent to deny by the required 
date, we may deny the petition as abandoned, deny based on the record, or deny for both reasons. 
-8 C.F.R. § 103.2(b)(l3)(i). Our NOID specifically informed the Petitioner that "we may dismiss 
your case if we do not receive your response to this NOID within 33 days of the date on the cover 
letter. This time period includes three days added for service by mail." (Emphasis in original). To 
date, more than 33 days have elapsed, and we have yet to receive a response from the Petitioner; 
therefore, we will dismiss the appeal as abandoned. 
Moreover, because the Petitioner did not submit evidence to resolve the deficiencies addressed in the 
NOID, the Petitioner did n?t establish that the Beneficiary is eligible for L•lA classification. If the 
Matier of D-1-
Petitioner has been dissolved, it cannot offer permanent employment to the Beneficiary, and the 
immigrant petition would be considered moot. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Maller of D-1-, [0# 1645603 (AAO Nov. 8, 2018) 
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