dismissed
E-2
dismissed E-2 Case: 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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