remanded EB-1C Case: Consumer Goods Distribution

U.S. Citizenship 
and Immigration 
Services 
In Re: 11978018 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: FEB. 3, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner describes itself as a distributor of consumer goods and seeks to permanently employ 
the Beneficiary as its "CEO/President" 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. § 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 Texas Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that the Beneficiary's employment abroad was in a managerial or executive 
capacity. The Petitioner subsequently filed a combined motion to reopen and reconsider, which the 
Director dismissed concluding that the Petitioner did not ( 1) meet the requirements of the motion to 
reconsider or (2) provide sufficient evidence that the Beneficiary's employment abroad was in a 
managerial or executive capacity. The Petitioner then filed an appeal, which we dismissed , affirming 
the Director's dismissal of the motion. The matter is now before us on a combined motion to reopen 
and reconsider. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon review, we will withdraw our decision dismissing the 
appeal and grant the Petitioner's current motion to reopen and reconsider for the purpose ofremanding 
this matter to the Director for further consideration and entry of a new decision. 
Upon further review of the record, we have concluded that the Director erred by not addressing the 
Petitioner's motion to reopen in his last decision. The Director incorrectly dismissed the combined 
motion based solely on the determination that the Petitioner did not meet the requirements of a motion 
to reconsider. Because the subsequent appeal was dismissed without the Director's determination on 
the Petitioner's previously filed motion to reopen, we hereby withdraw that decision and we will 
remand the matter to the Director for consideration of the entirety of the Petitioner's combined motion, 
which includes a motion to reopen and a motion to reconsider. 
ORDER: The motion to reopen and reconsider is granted, and the matter is remanded for the 
entry of a new decision consistent with the foregoing analysis, which, if adverse, shall 
be certified to us for review. 
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