dismissed EB-1C Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF Y- INC. DATE: FEB.15,2019 
. APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, which operates a web portal and search engine, seeks to permanently employ the · 
Beneficiary as a principal software development engineer 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 an executive or 
managerial capacity. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary has been employed abroad, and will be employed in the 
United States, in a managerial or executive capacity. · 
On appelll, the Petitioner asserts that the Director erred by not recognizing essential functions that 
the Beneficiary manages. · 
We will dismiss the appeal as abandoned. 
To qualify for the classification sought, the Beneficiary must have worked abroad as a manager or 
executive for at least one year during the three years preceding his entry into the United States to work 
for the Petitioner. See 8 C.F.R. § 204.5(i)(3)(i)(B). 
The Petitioner claims that. the Beneficiary meets this requirement through employment as a "Principal 
Engineer" in India from April 1, 2012 until he entered the United States on March 30, 20}3. 
Government records show that the Beneficiary was in the United States from May 9 to June 12, 2012. 
These 35 days in the United States cannot count toward the Beneficiary's required year of employment 
abroad. Cf. USCIS Policy Memorandum PM-602-0167, Sati.~fying the L-1 I-Year Foreign 
Employment Requirement: Revisions to Chapter 32.3 <~(the Aqjudicator ·s Field Manual (AFM) 3 (Nov. 
15, 2018); http://www.uscis.gov/legal-resources/policy-memoranda. 1 · 
1 The memoranduin discusses· L-1 non immigrant rather· than immigrant pet1t1ons, but the foreign employme_nt 
requirement is substantially rhe same _and therefore the same reasoning applies in this case. 
Matter of Y- Inc. · 
Because the time the Beneficiary spent in the United States in May and June 2012 cannot count toward 
his time employed abroad, the Petitioner has not shown that the · Beneficiary accrued a full year of 
employment abroad in a managerial capacity as the law requires. Therefore, we need not examine the 
separate question of whether that position qualified as managerial as the Petitioner claims. 
J 
In a notice dated December 20, 2018, we notified the Petitioner of the above infonnation, and advised 
that we may dismiss the appeal if we C,id not receive a timely response. The time allotted for such a 
response has passed, and the record does not contain any response from the Petitioner. We conclude, 
therefore, that the Petitioner has abandoned the appeal. · 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F .R. § 103.2(b )(13). 
Cite as Matter ofY- Inc., ID# 1740876 (AAO Feb. 15, 2019) 
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