Never Give Up!

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A recent EB-1c (Multinational Manager or Executive) Non-Precedent Decision by the Administrative Appeals Office (AAO) got my attention for the tenacity of the Petitioner.

A Florida Corporation had filed an I-140 application that was denied by the Texas Service Center on 01/10/2015. The Petitioner filed a Motion to Reopen/Reconsider on 02/18/2015 that was denied by the Director on 04/18/2015.

The Director concluded that the evidence submitted for the motion did not meet the requirements, and that the Petitioner did not overcome the original grounds of denial.

The Petitioner decided to appeal the matter further with an appellate brief and supporting evidence. Upon de novo review on 12/02/2015, it was found that the record did in fact contain sufficient evidence to overcome the grounds of denial.

The decision to continuously file motions and appeals is a hard decision to make for any practitioner. It took more than a year after filing the initial I-140 for it to be eventually approved. Unfortunately since Premium Processing is not available for this particular type of Petition, there is no fast way to try again once a Petition is denied. For a confident Petitioner, continuous appeals may be the best way to move forward.

Lesson: Don’t give up if you believe in your position.

Citation: http://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2015/DEC022015_01B4203.pdf

Reprinted with permission.


About The Author

John Q. Khosravi, Esq., is the Managing Associate of the JQK Law Firm, a boutique style immigration law firm headquartered in Los Angeles, CA, with satellite offices throughout the west coast of the United States. As a first generation American of immigrant parents, John Khosravi is known as a defender of Immigrant Rights and believes all people should have the same opportunities in the United States.


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