dismissed L-1A Case: Retail Business

U.S. Citizenship 
and Immigration 
Services 
MATIER OF B- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 14, 2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which intends to operate a retail business, seeks to temporarily employ the 
Beneficiary as sales director of its new office' under the L-1A nonimmigrant classification for 
intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 
8 U.S.C. § 1101(a)(15)(L). The L-1A 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, concluding that the Petitioner did 
not establish, as required, that the Beneficiary had at least one continuous year of full-time 
employment abroad with a qualifying organization within the three years preceding the filing of the 
petition. The Petitioner appealed that decision. 
After a preliminary review of the record, we issued a notice of intent to dismiss and request for 
evidence (NOID/RFE) asking for additional clarification and· documentation regarding the 
Beneficiary's employment history in China and the relationship between his two claimed foreign 
employers. In addition, although not addressed in the Director's decision, we advised the Petitioner 
that additional evidence would be needed to establish that it would be able to support the Beneficiary 
in a managerial or executive capacity within one year. 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. 
1 The tenn "new office'' refers to an organization which has been doing business in the United States for less than one 
year. 8 C.F.R. § 214.2(1)(1)(ii)(F). The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office'' operation no 
more than one year within the date of approval of the petition to support an executive or managerial position. 
Matter of B- Inc. 
8 C.F.R. § 103.2(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 NOID/RFE within 87 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 87 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)(13)(i). Moreover, because 
the Petitioner did not ·Submit evidence to resolve the deficiencies addressed in the NOID/RFE, the 
Petitioner did not establish that the Beneficiary is eligible for L-lA classification. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of 8- Inc., ID# 943660 (AAO June 14, 2018) 
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