Date of Decision: August 12, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: Human Hair Import, Marketing, and Distribution
Beneficiary Information
Profession: General Manager
Field: Human Hair Import, Marketing, and Distribution
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, then revoked
Motion Outcome: Motion to Reconsider Dismissed
Case Overview
The petitioner, a company engaged in the import, marketing, and distribution of human hair for use in extensions, wigs, and hairpieces, sought to employ the beneficiary as a general manager under the EB-1C classification for multinational executives or managers.
The Texas Service Center initially approved the petition but later revoked the approval. The director determined that the petitioner did not timely respond to a Notice of Intent to Revoke (NOIR) and that the notice was properly served. The petitioner subsequently filed a motion to reopen, which was dismissed.
On appeal, the Administrative Appeals Office affirmed the director’s finding that the NOIR was properly mailed to the petitioner. The case returned to the Administrative Appeals Office on a motion to reconsider, with the petitioner arguing that the NOIR was not properly served. The petitioner requested a remand for what it claimed would be proper service.
Upon review, the Administrative Appeals Office concluded that USCIS properly served the NOIR and dismissed the motion.
Key Issues
The primary issue in this case was whether USCIS properly served the NOIR. The petitioner contended that USCIS failed to personally serve the NOIR, arguing that personal service was required under the regulations. However, the Administrative Appeals Office determined that routine service by mail was sufficient.
The regulations specify that when USCIS revokes an approved immigrant visa petition, it must notify the petitioner by routine service, meaning mailing the notice to the petitioner’s last known address. The Administrative Appeals Office found that this standard was met in the petitioner’s case.
Additionally, the petitioner cited provisions requiring personal service for proceedings proposing an adverse effect. The Administrative Appeals Office rejected this argument, clarifying that revocation of an approved immigrant visa petition is not considered a “proceeding” requiring personal service.
USCIS Findings
The Administrative Appeals Office upheld the director’s decision, concluding that USCIS properly served the NOIR through routine service. The petitioner failed to demonstrate a misapplication of law or policy, which is required to justify a motion to reconsider.
The decision also referenced past USCIS policy and federal court rulings that support the use of routine service for NOIRs. The Administrative Appeals Office determined that the petitioner’s request for a remand lacked merit, as the NOIR was correctly mailed to the petitioner’s address of record.
Supporting Evidence
- NOIR mailing records and delivery confirmation
- USCIS Policy Manual guidance on NOIR service requirements
- Federal case law interpreting routine service standards
- Petitioner’s arguments challenging the method of service
Additional Notes
The Administrative Appeals Office emphasized that motions to reconsider must demonstrate that the prior decision was based on a misapplication of law or policy. Simply disagreeing with USCIS’ interpretation of service requirements is insufficient to warrant reconsideration.
The decision also reaffirmed that when a petitioner fails to respond to a NOIR, the burden of proof remains with the petitioner to demonstrate eligibility for the requested classification.
Conclusion
Final Determination: Motion to Reconsider Dismissed.
Reasoning: The petitioner failed to demonstrate that USCIS misapplied the law or policy regarding service of the NOIR. Routine service by mail was determined to be appropriate, and no basis was found for remanding the case.
