sustained EB-1C

sustained EB-1C Case: Management

📅 Date unknown 👤 Company 📂 Management

Decision Summary

The AAO reopened the case on its own motion (sua sponte) after previously dismissing the appeal. The decision withdraws the prior AAO and director decisions, stating that upon review, the petitioner has met the burden of proving eligibility for the benefit sought.

Criteria Discussed

Not specified

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(b)(6)
;/ ... , •(J;s: D.epaitiiiei:Jt o.r~onid.itJid ·Sec:urity 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave. N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
.and Iiiilfii.gration 
Services 
DATE: APR' 2 6 2013 OFFICE: TEXAS SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
. 
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(b)(6)
Page2 
DISCUSSION: The director, Texas Service Center, initially approved the employment-based visa 
petition. The director subsequently determined that the petitioner was not eligible for the · benefit 
sought and issued a notice of intent to revoke. The director ultimately revoked approval of the 
petition. The petitioner filed an appeal to the Administrativ~ ·Appeals Office (AAO). The AAO 
dismissed the appeal and two subsequent motions. 
The AAO now reopens its original decision sua sponte, on Service motion, pursuant to 8 C.F.R. 
§ 103.5(a)(5)(i). The AAO will withdraw its prior decisions, along with the decision of the director, 
and sustain the appeal. · 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. . Upon review of the record of 
proceeding, that burden has been met. 
ORDER: The appeal is sustained. The prior decisions of the AAO and the director are 
withdrawn. 
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