dismissed EB-1C Case: Steel Pipe Manufacturing

MATTER OF T-R-(U.S.A.) INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 7, 2018 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a steel pipe manufacturer, seeks to permanently employ the Beneficiary as its supply 
chain regional manager 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 it had been doing business for one year as of the date this petition was 
filed. 1 Although the Director acknowledged the submission of a 2015 tax return, which shows that 
the Petitioner claimed $1.4 million in "other income," he found that the Petitioner did not provide 
information specifying the source of that income. 
After a preliminary review of the record, we issued a request for evidence (RFE) asking for 
additional documentation regarding the Petitioner's business activities. Specifically, we 
acknowledged the Petitioner's claim on appeal that it currently provides distribution and customer 
support services and offers its customers "training in sucker rods handling, training in rod strings design 
optimization and setup, logistics and delivery services, stock management of new and used materials, 
technical assistance during filed operations, and analysis of field interventions and diagnosis." In light 
of this claim, we requested that the Petitioner submit further evidence to show that it has provided and 
continues to provide these listed services in a manner that is consistent with regulatory criteria.2 The 
Petitioner did not respond to the RFE. 
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. 
1 8 C.F.R. § 204.5O)(3)(i)(D). 
2 See 8 C.F.R. § 204.50)(2). 
Matter ofT-R-(US.A.) Inc. 
8 C.F.R. § 103.2(b)(13)(i). Our 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. 
We will dismiss the appeal as abandoned pursuant to 8 C.F.R. § 103.2(b)(l3)(i). Moreover, because 
the Petitioner did not submit evidence to address the deficiencies noted in the RFE, it did not 
establish that it is eligible to seek immigrant classification for the Beneficiary as a multinational 
executive or manager. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter ofT-R-(USA.) Inc., ID# 1549737 (AAO Nov. 7, 2018) 
2