dismissed L-1A Case: Shipping

MATTER OF A-C-S- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN.31.2018 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a shipping company, seeks to temporarily employ the Beneficiary as president of its 
new office under the L-1 A nonimmigrant classification for intracompany transferees. See 
Immigration and Nationality Act (the Act) section 10l(a)(15)(L), 8 U.S.C. § IIOI(a)(l5)(L). The L­
lA classification allows a corporation or other legal entity (including its aftiliate 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 routine review of public records, we found that the Florida Division of Corporations 
lists the company which filed for voluntary dissolution on May 5, 2017, several weeks before the filing 
of the appeal, as inactive.1 Also consistent with the company's cessation of operations, information 
from the U.S. Department of Transportation (USDOT) showed that the Petitioner's US DOT number, 
required for certain freight carriers engaged in interstate commerce, is inactive because the Petitioner 
did not meet filing requirements set forth at 49 C.F.R. § 390.19(b )( 4 ).2 
Accordingly, we issued a notice of intent to dismiss and request for evidence (NOID/RFE) in which 
we asked the Petitioner 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 ifthe 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 RFE within 33 days of the date on the 
1 
Search conducted at http://dos.myflorida.com/sunbiz/search/ on December 13, 2017. 
2 
Search conducted at https://safer.fmcsa.dot.gov/CompanySnapshot.aspx on December 13, 2017. 
Matter of A-C-S- Inc. 
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. § 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 
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. §§ 214.2(l)(l)(ii)(G) and (1)(3). 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13). 
Cite as Matter of A-C-S- Inc., ID# 811390 (AAO Jan. 31, 2018) 
2