dismissed L-1A Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
InRe : 09511411 
Appeal of California Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : WL. 14, 2021 
The Petitioner , a software development company, seeks to extend the Beneficiary's temporary 
employment as its CEO under the L-1 A nonirnrnigrant 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 Director of the California Service Center denied the petition , concluding that the record did not 
establish, as required, that (1) the Petitioner is doing busines s as defined in the regulations; and (2) the 
Beneficiary would be employed in a managerial or executive capacity under the extended petition. 
The matter is now before us on appeal. 
On February 2, 2021, we issued a notice of intent to dismiss and request for evidence (NOID/RFE). 
In the NOID/RFE , we took administrative notice that the Beneficiary of this petition appears to be 
deceased and offered the Petitioner an opportunity to rebut this information. We advised the Petitioner 
that, while conducting a routine, pre-adjudication search of publicly available sources, we discovered 
information that an individual matching the Beneficiary 's name, date of birth, and state ofresidence was 
involved in a fatal car accident on November 26, 2019. We also advised, that, in the unfortunate event 
that the Beneficiary is deceased, we would dismiss the appeal as moot. 
We requested that the Petitioner respond with a letter confirming whether the newly discovered 
information pertains to the Beneficiary of this petition and informed the Petitioner that it could choose to 
withdraw its appeal. We also advised that we may dismiss the appeal if we did not receive the Petitioner's 
response to the NOID/RFE within 87 days of the date of the notice. As of this date, we have not received 
a response to the NOID/RFE. 
The regulation at 8 C.F.R. § 103.2(b)(l3) provides that if a petitioner fails to respond to a request for 
evidence or a notice of intent to deny by the required date, the benefit request may be summarily denied 
as abandoned. As the Petitioner did not respond to the NOID/RFE by the required date, we will dismiss 
the appeal as abandoned. 
ORDER: The appeal is dismissed as abandoned pursuant to 8 C.F.R. § 103.2(b)(13) .