sustained
EB-1C
sustained EB-1C Case: 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 . . .. .. .. 'cl . www.~~ .. s.gQv. (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 The prior decisions of the AAO and the director are withdrawn.
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