dismissed EB-1C

dismissed EB-1C Case: Logistics And Transportation

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

Managerial Or Executive Capacity Petitioner'S Legal Standing Qualifying Relationship Failure To Respond To Rfe/Noid

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View Full Decision Text
.
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) 
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