dismissed EB-1C

dismissed EB-1C Case: Multinational Management

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Multinational Management

Decision Summary

The appeal was rejected because it was improperly filed as a second appeal concerning the same petition. There is no statutory or regulatory provision that permits a petitioner to file more than one appeal with the AAO for the same case.

Criteria Discussed

Procedural Requirements For Filing An Appeal

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View Full Decision Text
\ 
DATE: OCT 25 2012 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Offiee (AAO) 
20 Massachusetts Ave. N. W., M S 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: TEXAS SERVICE CENTER 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(I)(C) of the Immigration and Nationality Act, 8 V.S.c. ยง lI53(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen in 
accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. Do not file any motion 
directly with the AAO. Please be aware that 8 C.F.R. ยง 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscls.gov 
DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter 
came before the Administrative Appeals Office (AAO) on appeal. The appeal was dismissed. The matter is 
currently before the AAO on a second appeal, which will be rejected as improperly filed. 
The petitioner has filed an appeal, which seeks appellate review of the AAO's own decision. There is no 
statutory or regulatory provision that permits the petitioner to file more than one appeal before the AAO with 
regard to the same petition. See 8 C.F.R. ยง 103.3(a)(I)(ii). Although the regulations at 8 C.F.R. ยง 103.5(a) 
permit the petitioner to file a motion to reopen or reconsider an AAO decision, the Form 1-290B in the present 
matter clearly indicates that the petitioner seeks to appeal the AAO's decision dated August 30, 2011. 
As there is no law or regulation permitting the petitioner to file multiple appeals from the denial of the same 
petition, the petitioner's current appeal must be rejected. 
ORDER: The appeal is rej ected. 
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