EB-1C Dismissed — International Trade / Tourism: the appeal was dismissed primarily because the petitioner

Decision Summary

The appeal was dismissed primarily because the petitioner failed to offer a timely explanation or rebuttal to the director's properly issued Notice of Intent to Revoke the petition's approval. The AAO held that where a petitioner fails to respond to a notice of intention to revoke, the subsequent decision to revoke will be sustained, notwithstanding the submission of new evidence on appeal. The director had issued the notice based on findings that the petitioner failed to establish the existence of the foreign parent company and that the beneficiary was not employed in a primarily managerial or executive capacity.

Criteria Discussed

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