dismissed L-1A

dismissed L-1A Case: Car Wash Equipment

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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View Full Decision Text
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). 
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