dismissed L-1A Case: Ice Cream Display Case Business

PUBLIC COpy
identify·insdata deleted to
prevent clearly unwarranted
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File: SRC 06 03851657
u.S. Department of Homeland Security
20 Mass. Ave., N.W., Rm. A3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
Office: TEXAS SERVICE CENTER Date: APR lllW1
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(L)
IN BEHALF OF PETITIONER:
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to
the office that originally decided your case. Any further inquiry must be made to that office.
-- -..~~::=7."'..,~
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 06 038 51657
Page 2
DISCUSSION: The Director of the Texas Service Center denied the nonimmigrant visa petition and the
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected.
The petitioner is a Texas limited liability company allegedly engaged in the ice cream display case business.'
The petitioner seeks to employ the beneficiary as its chief executive officer as an L-IA nonimmigrant
intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8
U.S.C. § IIOI(a)(15)(L). The director denied the petition after concluding that the petitioner failed to
establish that the beneficiary will be employed in a managerial or executive capacity.
The regulation at 8 C.F.R. § I03.2(a)(l) requires that all documents submitted to Citizenship and Immigration
Services be executed and filed in accordance with the instructions on the form. Further, 8 C.F.R. § I03.2(a)(7)
provides that "[ajn application or petition which is not properly signed ... shall be rejected as improperly filed."
In this matter, counsel to the petitioner attempted to file an appeal with an unsigned I-290B on June 19,2006. As
this Form I-290B was unsigned, it must be rejected.
ORDER: The appeal is rejected.
'u should be noted that, according to Texas state corporate records, the petitioner's status in Texas is not in
good standing. Therefore, as the State of Texas has forfeited the petitioner's corporate privileges, the
company can no longer be considered a legal entity in the United States. Therefore, if the appeal were not
being rejected, this would call into question the petitioner's continued eligibility for the benefit sought.