dismissed
EB-1C
dismissed EB-1C Case: 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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\ 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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