dismissed EB-1C Case: Automotive Repair

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DAT~AR 0 7 2013 OFFICE: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U;S. Depadlllerit .ofHollleland Security 
u. s. Citizenship and Irnrnigraiion SerViCes 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 20~0 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
PETITION: Immigrant PetitiOIJ. for Alien·Worker as a Multinational Executive or Manager Pursuant 
to Section 203(b)(l)(C) of the Iminigration and Nationality Act, 8 U.S.C. § l153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to. the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the AAO inappropriately applied the law in reaching its decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen 
in accordance with the instructions on Form I-290B, Notice of Appeal or Motion, with a fee of $630. The 
specific requirements for filing such a motion can be found at 8 C.F.R. § 103.5. Do not tile any motion 
directly with the AAO. Please be aware that 8 C.F.R. § 103.5(a)(l)(i) requires any motion to be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
~ ton Rosenberg 
fJ Acting Chief, Administrative Appeals Office 
www.useis;gov 
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DISCUSSION: The nonimmigrant visa petition was denied by the director, Texas Service 
Center. The Administrative Appeals Office (AAO) dismissed the subsequently filed appeal. 
The matter is now before the. AAO on a motion to reopen and a motion to reconsider. The 
motion will be dismissed; the director's and the AAO's decisions will remain undisturbed.1 · 
The petitioner is a Florida corporation that seeks to employ the beneficiary as the "functional 
manager" of an automotive body repair shop. Accordingly, the petitioner endeavors to classify 
the beneficiary as a multinational executive or manager pursuant to section 203(b)(1)(C) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(1)(C). 
The director denied the petition based on the following grounds: (1) the petitioner failed to 
establish that the beneficiary was employed abroad in a managerial or executive capacity; (2) the 
petitioner failed to establish that the beneficiary would be employed in the United States in_ a 
qualifying managerial or executive capacity; and, (3) the petitioner failed to establish that it has 
been doing business for one year prior to filing the petition. In a decision dated September 19, 
2011, the AAO dismissed the appeal affirming all three grounds for deniaL 
On October 18, 2011, counsel for the petitioner filed a Motion to Reconsider and a Motion to 
Reopen. On the Form I-1290B, counsel requested an "extension of 30 days to file our Brief 
because of the need to obtain affidavits and documents from a distant source, the founder and owner 
of the petitioner, who is currently in Trinidad." 
An affected party has 30 days from the date of an adverse decision to file a motion to reopen or 
reconsider. See 8 C.P.R. § 103.5(a)(1)(i). If the adverse decision was served by mail, an 
additional three days are added to the proscribed period. 8 C.P.R. § 103.5a(b ). Any motion tha~ 
does not meet applicable requirements shall be dismissed. 8 C.P.R. § 103.5(a)(4). Although the 
regulation at 8 C.P.R. § 103.3(a)(2)(vii) states thatapetitioner may be permitted additional time 
to submit a brief or additional evidence to the AAO in connection with an appeal, no such 
provision applies to a motion to reopen or reconsider. 
1 The AAO notes that it previously reviewed the beneficiary's initial Forin 1-140 immigrant visa 
petition on appeal. In the original petition, the petitioner represented itself 
as an importer and exporter of automobile products and not as an automotive body repair shop. 
The petitioner subsequently indicated a change in its business operations in the United States, 
noting that it would operate as a sign painting business and would provide management to a 
purportedly related auto body business. 
In the initial petition, the petitioner sought to employ the beneficiary as its marketing director. 
The.AAO concluded that that the petitioner failed to establish: 1) that the beneficiary would be 
primarily employed in a managerial or executive position, or 2) the existence of the requisite 
qualifying relationship between the foreign and United States entities at the time of filing. The 
AAO dismissed the appeal on September 
25, 2007. 
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The regulations at 8 C.F.R. § 103.5(a)(2) states, in pertinent part: "A motion to reopen must state the 
new facts to be provided in th~ reopened proceeding and be supported by affidavits or other 
documentary evidence." Furthermore, the regulation at 8 C.F.R. § 103.5(a)(2), governing motions 
to reconsider, states: 
A motion to reconsider must state the reasons for reconsideration and be supported 
by any pertinent precedent decisions to establish that the decision was based on an 
incorrect application of law or Service policy. A motion to reconsider a decision 
on an application or petition must, when filed, also establish that the decision was 
incorrect based on the evidence of record at the time of the initial decision. 
The regulations do not permit additional time to submit a brief or additional evidence to the 
AAO in connection with a motion to reopen or reconsider. As the motion to reopen and 
reconsider was not properly filed, the motion must be dismissed. 
ORDER: The motion to reopen and reconsider is dismissed.