dismissed
L-1A
dismissed L-1A Case: Car Wash Equipment
Decision Summary
The AAO issued a Notice of Intent to Dismiss (NOID) after discovering that the Petitioner's company was 'not in good standing' with the Illinois Secretary of State. The Petitioner failed to respond to the NOID within the allotted time, so the appeal was dismissed as abandoned.
Criteria Discussed
Managerial Or Executive Capacity Doing Business Qualifying Relationship Abandonment
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U.S. Citizenship and Immigration Services In Re : 08757374 Appeal of California Service Center Decision Form 1-129, Petition for L-lA Manager or Executive Non-Precedent Decision of the Administrative Appeals Office Date : NOV . 23, 2020 The Petitioner , describing itself as a seller of car wash equipment and services, seeks to temporarily employ the Beneficiary as its chief executive officer under the L-lA nonimmigrant classification for intracompany transferees . Immigration and Nationality Act (the Act) section 101(a)(15)(L) , 8 U.S .C. ยง 1101(a)(15)(L). The Director of the California Service Center denied the petition concluding that the Petitioner did not establish that the Beneficiary would be employed in a managerial or executive capacity in the United State s. We issued a notice of intent to dismiss (NOID) after discovering that records of the Illinois Secretary of State reflected that the Petitioner was "not in good standing" as of December 1, 2019 . We noted that this status was material to the Petitioner' s eligibility for the requested visa ; specifically , whether it continued to exist as an importing employer , whether it was doing business, and whether it maintained a qualifying relationship with the Beneficiary's foreign employer. See section 214(c)(l) of the Act; see also 8 C.F.R. ยงยง 214.2(1)(1)(ii)(G) and (1)(3). We may dismis s an appeal if the Petitioner does not respond to our NOID request. The regulation provides, in pertinent part: If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required date , the benefit request may be summarily denied as abandoned , denied based on the record , or denied for both reasons. 8 C.F.R. ยง 103.2(b )(13)(i) . Our NOID specifically informed the Petitioner that "we may dismis s your case if we do not receive your response to this NOID /RFE within 33 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 120 days have lapsed , and we have yet to receive a response from the Petitioner. As such , we will dismiss the appeal as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13)(i) . Moreover , because the Petitioner did not submit evidence to resolve the derogatory information addressed in the NOID, the Petitioner did not establish that the Beneficiary 1s eligible for classification as a multinational executive or manager. ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(13). 2
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