dismissed EB-1C Case: Restaurant

U.S. Citizenship 
and Immigration 
Services 
MATTER OF S-P-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 15,2016 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant, seeks to permanently employ the Beneficiary as its president under the 
immigrant classification for multinational executives or managers. See Immigration and Nationality 
Act (the Act) § 203(b )(1 )(C), 8 U.S.C. § 1153(b )(1 )(C). This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in an executive or 
managerial capacity. 
The Director, Nebraska Service Center, denied the petition. We summarily dismissed the 
Petitioner's appeal from that decision. 
The matter is now before us on a motion to reopen and a motion to reconsider. The Petitioner does 
not submit a brief or any evidence in support of its motion. 
We will deny the motion to reopen and the motion to reconsider. 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be 
supported by affidavits or other documentary evidence. 8 C.F.R. § 103.5(a)(2). 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. 8 C.F.R. § 103.5(a)(3). A motion that does not meet applicable requirements shall be 
dismissed. 8 C.F.R. § 103.5(a)(4). 
For the reasons explained below, the Petitioner's motion does not meet the above requirements. 
Part 3, line 2f of Form I-290B, Notice of Appeal or Motion, reads: 
I am filing a motion to reopen and a motion to reconsider a decision. My 
brief and/or additional evidence is attached. 
The Petitioner crossed out the phrase "is attached" and added "will be filed within 30 days" by hand. 
Matter of S-P-, LLC 
The regulation at 8 C.F.R. § 103.3(a)(2)(vii) allows for limited circumstances in which a petitioner 
can supplement a previously filed appeal. This regulation, however, applies only to appeals, and not 
to motions to reopen or reconsider. There is no comparable provision that allows a petitioner to 
submit new evidence in furtherance of a previously filed motion, and the Petitioner cannot create 
such a provision by altering the wording printed on Form I-290B.1 
The Petitioner's motion does not state the new facts to be proved in the reopened proceeding, and it 
does not include affidavits or other documentary evidence. Therefore, the motion does not meet the 
requirements of a motion to reopen at 8 C.F.R. § 1 03.5(a)(2). 
The motion does not state the reasons for reconsideration or cite any pertinent precedent decisions to 
establish that the decision was based on an incorrect application of law or U.S. Citizenship and 
Immigration Services policy. The motion did not, when filed, establish that the decision was 
incorrect based on the evidence of record at the time of the initial decision. Therefore, the motion 
does not meet the requirements of a motion to reconsider at 8 C.F.R. § 103.5(a)(3). 
The Petitioner has not identified any basis for reopening or reconsideration. Because the motion 
does not meet the requirements of a motion to reopen or a motion to reconsider, the regulation at 
8 C.F.R. § 103.5(a)(4) requires us to deny the motion. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter ofS-P-, LLC, ID# 15870 (AAO Mar. 15, 2016) 
1 The Petitioner filed the instant motion on September 23, 2015. We note that the record contains no further submission 
from the Petitioner. 
2