dismissed
EB-1C
dismissed EB-1C Case: 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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(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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