dismissed EB-1C

dismissed EB-1C Case: Multinational Management

📅 Date unknown 👤 Company 📂 Multinational Management

Decision Summary

The petitioner's first appeal was summarily dismissed by the AAO. The petitioner then attempted to file a second appeal regarding the same petition. The AAO rejected this second appeal, stating that regulations do not permit filing more than one appeal for the same petition.

Criteria Discussed

Filing Multiple Appeals Summary Dismissal Motion To Reopen Or Reconsider

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View Full Decision Text
(b)(6)
I I 
~. Citizenship and . Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Inimigration 
Services · 
DATE: APR 0 2 2Df3FFICE: NEBRASKA SERVICE CENTER FILE: 
INRE: 
PETITION: 
Petitioner : 
Beneficiary : 
Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) ofthe Immigration~nd Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OFPETITIONER: 
INSTRUCTIONS: · ' 
This is the decision of the Administrative Appeals ·office . in your case. All documents have been returned to 
the office that originally 'decided your case. Any further inquiry. must be made to that office. 
www.uscis.gov 
(b)(6)
Pa:ge2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. On June 18, 
201 0, the petitioner filed an· appeal 'Yith the Administrative Appeals Office (AAO). On June 14, 2012, the 
M6 summarily dis111issed the appeaL The matter is currently before the AAO for a second appeal, which 
. will be rejected. 
As indicated above, the AAO dismissed the petitioner's first appeal pursuant to 8 C.F.R. § 103.3(a)(l)(v), 
which instructs that an appeal that fails to identify specifically any erroneous conclusion of law or statement 
of fact shall be summarily dismissed. Although 8 C.F.R. § 103.5(a) permits the petitioner to file a motion to 
reopen or reconsider the AAO's appellate decision, the Form I-2908 in the present matter clearly indicates 
that the petitioner intended to file an appeal rather than a motion, apparently seeking to appeal the AAO's 
decision summarily dismissing the appeal filed earlier in this proceeding. However, the AAO notes that there 
is no statutory or regulatory provision that permits the petitioner to file more than one appeal with regard to 
the same petition. See 8 C.F.R. § 103.3(a)(1)(ii). 
As there is no law or regulation permitting the filing of multiple appeals of the same petition, the petitioner's 
.current appeal must be rejected. 
ORDER: The appeal is. rejected. 
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