dismissed L-1A

dismissed L-1A Case: Device Repair Services

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Device Repair Services

Decision Summary

The appeal was dismissed as abandoned because the petitioner failed to respond to a Notice of Intent to Dismiss and Request for Evidence (NOID/RFE). The AAO issued the notice after discovering the petitioning company was 'voluntarily dissolved,' and the petitioner provided no evidence to rebut this or demonstrate it was still a functioning business.

Criteria Discussed

Abandonment Failure To Respond To Rfe Existence Of Importing Employer Qualifying Relationship Conducting Business

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View Full Decision Text
MATTER OF I-S-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 25,2018 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a provider of technical and repair services for cellular devices, seeks to temporarily 
employ the Beneficiary as its "owner/founder/COO" under the L-1 A nonimmigrant classification for 
intracompany transferees. See Immigration and Nationality Act (the Act) section 10 I ( a)(l5)(L ), 
8 U.S.C. ยง IIOI(a)(l5)(L). The L-IA 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. The Petitioner then filed an appeal. 
In the course of reviewing the record, we determined that the record before us was incomplete. In 
addition, according to a website maintained by the State of Florida (www.sunbiz.org). the petitioning 
company was "voluntarily dissolved" in April 2017. 
Accordingly, we issued a notice of intent to dismiss and request for evidence (NOID/RFE) in which 
we listed and asked the Petitioner to provide a complete copy of all missing documents, and to 
provide current evidence of its good standing and continuing business activities. The Petitioner did 
not respond to the NOID/RFE. 
We may dismiss an appeal if the Petitioner does not respond to our 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 I 03.2(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 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 33 days have lapsed, and we have yet to receive a response from the 
Petitioner. We will dismiss the appeal as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(l3)(i). 
Moreover, because the Petitioner did not submit evidence to rebut our finding that it voluntary 
dissolved its business. the Petitioner has not shown that it continues to exist as an importing 
Matter of/-S-, LLC 
employer, that it maintains a qualifying relationship with the Beneficiary's foreign employer, or that 
it is conducting business in a regular and systematic manner. See section 214( c)( I) of the Act; see 
also 8 C.F.R. ยงยง 214.2(1)(1)(ii)(G) and (1)(3). 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. ยง 103.2(b)(l3). 
Cite as Matter of 1-S- LLC, ID# 903634 (AAO Jan. 25, 20 18) 
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