dismissed EB-1C Case: Retail

U.S. Citizenship 
and Immigration 
Services 
InRe : 9113951 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 8, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The petition indicates that the Petitioner was operating as a retail store at the time of filing. The 
Petitioner sought to permanently employ the Beneficiary as its "Chief Financial Officer" under the 
first preference immigrant classification for multinational executives or managers . See Immigration 
and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). This classification 
allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to 
work in an executive or managerial capacity. 
The Director of the Texas Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that the Beneficiary was employed abroad and would be employed in the United 
States in a managerial or executive capacity. The Director also entered a separate finding of willful 
misrepresentation of a material fact against the Petitioner. The matter is now before us on appeal. 
The Petitioner was incorporated under the laws of the State of Florida. In the course of our appellate 
review, we examined the Florida Secretary of State records, 1 which listed the Petitioner as "inactive" 
due to administrative dissolution as of September 28, 2018.2 This information suggests that no bona 
fide job offer exists to support the petition. We therefore issued a notice of intent to dismiss, informing 
the Petitioner that its inactive status as an administratively dissolved entity raises questions about 
whether it has standing to pursue an appeal and continues to exist as an importing employer, whether 
it is doing business, and whether it maintains a qualifying relationship with the Beneficiary's foreign 
employer. See section 203(b)(l)(C) of the Act; see also 8 C.F.R. § 204.5(j)(3). We notified the 
Petitioner that if it wished to pursue this appeal, it would need to rebut the adverse information by 
submitting evidence, such as a certificate of good standing, to demonstrate that it is in "active" status 
and in good standing in the State of Florida. 
1 See 
http://search.sunbiz ~===· "'--"...a.a.&~~=.a..~~~~aa.=~=--"~~=~""""'-'~=='""'"'-=~-'"=~="-"-''-'--=;.;.;, 
&searchN ameOrde 
(last visited on December 2, 2020) . 
2 Pursuant to Florida statute section 617 .1421, an entity that has been administratively dissolved "may not conduct any 
affairs except that necessary to wind up and liquidate its affairs under s. 617 .1405 and adopt a plan of distribution of 
assets pursuant to s. 617.1406 ." 
To date, the Petitioner has not responded to our notice with the requested evidence. A benefit request 
may be summarily denied as abandoned, denied based on the record, or denied for both reasons if a 
petitioner fails to respond to a notice of intent or request for evidence by the required date. 8 C.F .R. 
§ 103.2(b)(l3)(i). As further provided in the regulations, the failure to submit requested evidence that 
precludes a material line of inquiry shall be grounds for denying the petition. 8 C.F.R. § 103.2(b)(l4). 
As the Petitioner has not responded to our notice, the appeal will be dismissed, and the petition will 
be denied. 
ORDER: The appeal is dismissed. 
2