remanded EB-1C Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF E-USA, LLC 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 25,2015 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology services company, seeks to employ the Beneficiary as a 
manager under the immigrant classification of a multinational executive or manager. See section 
203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(l)(C). The 
Director, Texas Service Center, issued a denial notice. The matter is now before us on appeal. The 
Director's decision will be withdrawn and the matter remanded to the Director for entry of a new 
decision. 
The Petitioner filed Form 1-140, Immigrant Petition for Alien Worker, on August 2, 2012. The 
Director issued an approval notice on May 14, 2013. On June 7, 2013, the Director subsequently 
issued a denial notice, concluding that the Petitioner had not established that the Beneficiary will be 
employed in a primarily executive capacity in the United States. 
On appeal, the Petitioner submits a copy of the May 14, 2013 approval notice, asserting the 
approved petition was never rescinded. 
We are unable to reach the merits of this case at this time, owing to the procedural deficiencies 
discussed above. Once a petition has been approved, the proper course of action is to issue a notice 
of intent to revoke and provide the Petitioner an opportunity to rebut the proposed revocation. If the 
Petitioner does not overcome the issues raised in the notice of intent to revoke the petition, the 
Director may then revoke the approval. See section 205 of the Act, 8 U.S.C. § 1155; see also 8 
C.P.R. § 205.2. If the Director does not satisfy the statutory and regulatory procedural requirements 
to revoke an approval, then the approved petition is not properly revoked. 
At this time, we take no position on whether the beneficiary qualifies for the classification sought. 
The director must make the determination on that issue after issuance of a notice of intent to revoke 
and consideration of the petitioner's response. 
Accordingly, we will withdraw the director's decision and remand the petition to the director for 
further review, issuance of a notice of intent to revoke, and entry of a new decision. As always in 
these proceedings, the burden of proof rests solely with the petitioner. Section 291 of the Act, 8 
U.S.C. § 1361. 
Matter of E- USA, LLC 
ORDER: The matter is remanded to the Director, Texas Service Center for further proceedings 
consistent with the foregoing opinion and for the entry of a new decision, which, if 
adverse, shall be certified to us for review. 
Cite as Matter ofE-USA, LLC, ID# 14096 (AAO Sept. 25, 2015) 
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