dismissed L-1A Case: Advertising

U.S. Citizenship 
and Immigration 
Services 
MATIER OF I-A-USA INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 24, 2018 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER · 
The Petitioner, an advertising agency, seeks to temporarily employ the Beneficiary as its chief 
executive officer under the L-1 A nonimmigrant classification for intracompany transferees. 
Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The L-lA 
classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transfer a 
qualifying foreign employee to the United States to work temporarily in a managerial or executive 
capacity. 
The Director of the Vermont Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary has been employed abroad, and will be employed in the 
United States, in a managerial or executive capacity. The matter is now before us on appeal. 
-While reviewing the record of proceeding, we discovered several potentially disqualifying issues 
that the Director did not mention in the denial notice. These issues concerned the relationship 
between the Petitioner and the foreign employer; the continuity of the Beneficiary's employment 
abroad; the Beneficiary's involvement with several other businesses; and a discrepancy in the 
Beneficiary's foreign job description. -We sent the Petitioner a notice of intent to dismiss and request 
for evidence (NOIDiRFE), allowing the Beneficiary an opportunity to respond to this information 
under terms set forth in the regulations at 8 C.F.R. § 103.2(b)(8) and (16). We have not received a 
response to the NOID/RFE. 
If a petitioner does not respond to a request for evidence or a notice of intent to deny by the required 
date, we may deny the petition as abandoned, deny based on the record,- or deny for both reasons. 
8 C.F.R. § 103.2.(b)(13)(i). Our NOID/RFE specifically informed the Petitioner that "we may 
dismiss your case if we do not receive your response to this NOID/RFE within 87 days of the date 
on the cover letter. This time period includes three days added for service by mail." (Emphasis in 
original). To date, more than 87 days have elap~ed, and we have yet to receive a response from the 
Petitioner; therefore, we will dismiss the appeal as abandoned. Moreover, because the Petitioner did 
not submit evidence to resolve the deficiencies ·addressed in the NOID/RFE, the Petitioner did not 
establish that the Beneficiary is eligible for L-lA. classification. 
Matter of I-A-USA Inc. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § "J03.2(b)(13). 
Cite as Matter of I-A-USA Inc., ID# 1163278 (AAO July 24, 2018) 
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