dismissed EB-1C Case: Logistics And Transportation
Decision Summary
The Director initially denied the petition for failing to establish the beneficiary would be employed in a managerial or executive capacity. The AAO discovered the petitioning company was administratively dissolved, meaning it lacked standing to file or appeal. The appeal was ultimately dismissed as abandoned because the petitioner failed to respond to the AAO's Notice of Intent to Dismiss (NOID) regarding its dissolved status.
Criteria Discussed
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. U.S. Citizenship and Immigration Services MATTER OF F-L-CO., INC. APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 12, 2018 PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a logistics and transportation services company, seeks to permanently employ the Beneficiary as its president and chief executive officer under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง 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 an executive or managerial capacity. The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish, as required, that the Beneficiary would be employed in a managerial or executive capacity. We issued a notice of intent to dismiss and request for evidence (NOID /RFE) after discovering that the Petitioner was listed by the as inactive and administratively dissolved as of September 22, 2017. We noted that a dissolved corporation has no standing to file a petition or pursue an appeal, and it cannot have a qualifying relationship as a parent, branch, affiliate, or subsidiary of a legal entity that conducts business abroad. The Petitioner did not respond to the NOID/RFE. We may dismiss an appeal if the Petitioner does not respond to our request. The regulation provides, in pertinent part: If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required date, the benefit request may be summarily denied as abandoned, denied based on the record, or denied for both reasons. 8 C.F.R. ยง 103.2(b )(13)(i). Our NOID/RFE specifically informed the Petitioner that "we may dismiss your case if we do not receive your response to this NOID/RFE 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 lapsed, and we have yet to receive a response from the Petitioner. We will dismiss the appeal as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13)(i). Moreover, because the Petitioner did not submit evidence to resolve the derogatory information addressed in the Matter of F-L-Co., Inc. NOID/RFE, the Petitioner did not establish that the Beneficiary is eligible for classification as a multinational executive or manager. ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). Cite as Matter of F-L-Co., Inc., ID# 1114352 (AAO July 12, 2018) 2
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