dismissed EB-1C Case: Retail And Hospitality

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A- USA LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 2L 2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140. IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner' seeks to permanently employ the Beneficiary as its ··Executive/Manager" under the 
first preference immigrant classification for multinational executives or managers. ,\'ee Immigration 
and Nationality Act section 203(b)(1 )(C). 8 U.S.C. 9 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 Nebraska Service Center denied the petition concluding that the Petitioner did 
not establish, as required. that: (1) it has a qualifying relationship with the Beneficiary's former 
employer abroad; (2) the Beneficiary will be employed in the United States in a managerial or 
executive capacity; and (3) the Beneficiary was employed abroad in a managerial or executive 
capacity. A subsequent motion was also denied. 
On appeal, the Petitioner did not otTer sufficient evidence to overcome these three grounds. Further. 
in the course of reviewing the record, we learned that. while the Beneficiary was admitted to the 
United States as an L-1 A nonimmigrant in November 2000 to work for an affiliate of the foreign 
employer, his nonimmigrant status expired in August 2001 and the record contains no evidence to 
show that he is currently in the United States in lawful status that was obtained for the purpose of 
working for the Petitioner or for its affiliate or subsidiary. We also learned that. according to the 
Wisconsin Secretary of State, Corporations Division. the Petitioner's organization vvas 
administratively dissolved on September 9. 2014. thereby indicating that no honu fide job otTer 
exists to support the petition. Accordingly. we issued a notice of intent to dismiss and request for 
evidence (NOID/RFE) and instructed the Petitioner to provide: ( 1) evidence showing that the 
Beneficiary was employed abroad for one year during the three years prior to May 3. 2014. the date 
the instant petition was tiled; and (2) evidence demonstrating that the Petitioner continues to exist, 
operate, and is in good standing such that there is still a bona tide job offer to employ the 
Beneficiary. The Petitioner was informed that even if it provided sufticient evidence of its continued 
existence and good standing, it would still have to establish that it has continued to do business 
throughout the adjudication of this petition. 8 C.F.R. 99 204.5(j)(3)(i)(D). 103.2(b)(l). The 
Petitioner did not respond to the NOID/RFE. 
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The Petitioner claims that it operates convenience stores. gas stations. and hotels. 
Matter of A- USA LLC 
We may dismiss an appeal if the Petitioner does not respond to our request. The regulation provides. 
in pertinent part: 
If the petitioner or applicant fails to respond to a request for evidence or to a notice of 
intent to deny by the required date. the benefit request may be summarily denied as 
abandoned, denied based on the record. or denied for both reasons. 
8 C.F.R. § 103.2(b)(13)(i). Our NOID/RFE specifically informed the Petitioner that ""we may 
dismiss your case if we do not receive your response to this 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 lapsed, and we have yet to receive a response from the 
Petitioner. As such. we will dismiss the appeal as abandoned pursuant to 8 C. F. R. § I 03 .2( h)( l3 )( i ). 
Moreover. because the Petitioner did not submit the required evidence, the Bcndiciary is not eligible 
for immigrant classification as a multinational manager or executive. 
As the Petitioner did not respond to our NOID/RFE, it abandoned its appeal. 
ORDER: The appeal is summarily dismissed as abandoned pursuant to 8 C.F.R. § 103.2(h)(l3). 
Cite as Matter ofA- USA LLC, 10# 509857 (AAO Nov. 21. 2017) 
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