dismissed EB-1C Case: Tobacco Retail

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 31, 2023 In Re: 28448320 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Multinational Managers or Executives) 
The Petitioner, a tobacco retailer, seeks to permanently employ the Beneficiary as its general 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 on multiple grounds, concluding that the 
record did not establish that the Petitioner had been doing business for at least one year at the time of 
filing, that it had the ability to pay the Beneficiary 's proffered wage, and that it has a qualifying 
relationship with the Beneficiary's foreign employer. The Director further determined that the Petitioner 
did not establish that the Beneficiary had been employed abroad in a managerial or executive capacity 
for at least one year in the three years preceding the filing of the petition, and that he would be employed 
in a managerial or executive capacity in the United States. Finally, the Director concluded that both the 
Petitioner and Beneficiary had willfully misrepresented facts that are material to eligibility for the 
requested classification. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
The Petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Matter ofChawathe, 25 I&N Dec. 369, 375-76 (AAO 2010). We review the questions in this matter de 
novo. Matter ofChristo 's, Inc. , 26 I&N Dec. 537,537 n.2 (AAO 2015). Upon de novo review, we will 
dismiss the appeal. 
Our review of U.S. Citizenship and Immigration Services records indicates that the Petitioner 
simultaneously filed two duplicate appeals of the Director 's decision with our office. Because we 
have addressed the merits of the Petitioner's appeal in our decision , In re 28456709 (AAO Oct. 31 , 
2023), we will dismiss the instant submission as moot. 
ORDER: The appeal is dismissed.