dismissed E-2

dismissed E-2 Case: Pet Supplies

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Pet Supplies

Decision Summary

The motion to reopen and reconsider was denied because it was filed on a prior appeal that the AAO had already rejected due to a lack of jurisdiction. The regulations at 8 C.F.R. ยง 214.1(c)(5) state there is no appeal from the denial of an E-2 extension of stay application, meaning there was no merits-based decision for the AAO to reopen or reconsider.

Criteria Discussed

Jurisdiction

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U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-0-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 21,2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Applicant, a pet supplies store, seeks to employ the Beneficiary in the United States as 
"VP/Manager" in the nonimmigrant classification of an E-2 Treaty Investor, pursuant to 8 C.F.R. 
ยงยง 214.2(e)(20) and (21). In accordance with the regulations, the application for a change of status 
and extension of stay was filed on Form I-129. See 8 C.F.R. ยง 214.l(c)(l). The Director, California 
Service Center denied the application. The Applicant then filed two subsequent motions to reopen 
and reconsider on March 24, 2015, and July 1, 2015, respectively. Both motions were dismissed. 
The matter of the second motion then came before us on appeal. We rejected the appeal based on 
our lack of jurisdiction. The matter is now before us on a motion to reopen and motion to 
reconsider. 
Upon review, we will deny the combined motion. 
As we discussed in our prior decision rejecting the appeal, there is no appeal from the denial of an 
application for an extension of stay of an E-1 or E-2 treaty trader or treaty investor. 8 C.F.R. ยง 
214.1 (c)(5). Because the Petitioner filed a combined motion on an appeal of an application over which 
we have no jurisdiction, the combined motion must be denied.1 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter ofL-0-, Inc., ID# 18167 (AAO July 21, 2016) 
1 When we reject an appeal, there is no merits-based decision to reopen or reconsider. 
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