dismissed L-1A Case: International Trade

MATTER OF A-G- INC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 7, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an importer of products to China, seeks to temporarily employ the Beneficiary as chief 
executive officer and president under the L-1 A nonimmigrant classification for intracompany 
transferees. Immigration and Nationality Act (the Act) section 101(a)(l5)(L). 8 U.S.C. 
§ 110l(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 California Service Center denied the petition on multiple grounds. The Director 
concluded that the Petitioner did not establish that: 1) it had a qualifying relationship with the 
Beneficiary's foreign employer, 2) the Beneficiary was employed in a managerial or executive 
capacity abroad, and 3) the Beneficiary would be employed in a managerial or executive capacity in 
the United States within one year of an approval of the petition. 
We issued a notice of intent to dismiss and request for evidence (NOID/RFE) after discovering that 
the Petitioner filed a certificate of dissolution with the California Secretary of State on August 24, 2018, 
approximately four months after filing the appeal. The certificate of dissolution also indicated that the 
Petitioner's shareholders voted to dissolve the company and stated that it was ''completely wound up 
and is dissolved." We noted that these facts were material to the Petitioner's eligibility for the requested 
visa. Specifically, the Petitioner's dissolution raised question as to whether it continues to exist as an 
importing employer and whether it maintains a qualifying relationship with the Beneficiary"s foreign 
employer. See section 214(c)(l) of the Act; see also 8 C.F.R. §§ 214.2(l)(l)(ii)(G) and (1)(3). 
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. § 103.2(b)(l3)(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 33 days of the date 
on the cover letter. This time period includes three days added for service by mail." (Emphasis in 
Matter of A-G- Inc 
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. § 103.2(b)(l3)(i). Moreover. because 
the Petitioner did not submit evidence to resolve the derogatory information addressed in the 
NOID/RFE, the Petitioner did not establish that the Beneficiary is eligible for classification as a 
multinational executive or manager. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103 .2(b )(13 ). 
Cite as Matter of A-G- Inc, ID# 1646345 (AAO Dec. 7, 2018) 
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