dismissed EB-1C Case: Restaurant

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 6, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, which was engaged in the operation of a restaurant through its subsidiary dL....-__ ....,, 
LLC), seeks to permanently employ the Beneficiary as its managing director under the first preference 
immigrant classification for multinational executives or managers. Immigration and Nationality Act 
(the Act) section 203(b)(l)(C), 8 U.S.C. § l 153(b)(l)(C). This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in a managerial or 
executive capacity. 
The Director of the Nebraska Service Center revoked the approval of the petition, determining that the 
Petitioner did not establish that (1) it would employ the Beneficiary in a managerial or executive 
capacity; (2) the Beneficiary was employed abroad in a managerial or executive capacity; and (3) that 
the Petitioner was doing business as defined in the regulations. 
While reviewing the record of proceeding and conducting verification of the information contained 
therein, we found that the restaurant d~_~b operated by the Petitioner and its subsidiary had 
permanently closed in September 2018, subsequent to the filing of the appeal. We sent the Petitioner 
a notice of intent to dismiss and request for evidence (NOID/RFE) 1 with a copy of the information we 
found and allowed it an opportunity to respond to this derogatory information under the terms set forth 
in the regulations at 8 C.F.R. § 103.2(b)(16). 
We have not received a response to the NOID/RFE and note that only one copy of the notice was 
returned to our office as undeliverable. If a petitioner does not respond to a request for evidence or a 
notice of intent to deny by the required date, we may deny the petition as abandoned, deny based on 
therecord,ordenyforbothreasons. 8 C.F.R. § 103.2(b)(13)(i). OurNOID/RFEspecificallyinformed 
the Petitioner that "we may dismiss your case if we do not receive your response to this NOID/RFE 
within 87 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 87 days have elapsed, and we have yet to receive 
a response from the Petitioner; therefore, we will dismiss the appeal. 
1 We mailed the notice to the Petitioner's address ofrecord at~---~~------___.Virginia, with a 
copy to the Petitioner's current registered address as reported to the Virginia State Corporation Commission. 
Matter of S-, LLC 
Moreover, because the Petitioner did not submit evidence to resolve the issues addressed in the 
NOID/RFE, the Petitioner did not establish that the Beneficiary is eligible for classification as a 
multinational manager or executive. The Beneficiary's proffered position was dependent upon the 
Petitioner's operation of the restaurant and described his duties within the context and structure of the 
ex1stmg restaurant. As we noted in our NOID/RFE, if the Petitioner is no longer operating the 
business on which the employment offer was based, it is unclear how it could continue to offer the 
Beneficiary permanent employment in the United States under the terms and conditions stated in the 
instant immigrant petition. Further, if the Petitioner is no longer doing business directly or through its 
subsidiary, then it cannot meet the eligibility requirements for this immigrant classification. 
Accordingly, the appeal appears to be moot and will be dismissed for this additional reason. 
ORDER: The appeal is dismissed. 
Cite as Matter of S-, LLC, ID# 2249566 (AAO June 6, 2019) 
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