remanded EB-1C Case: E-Commerce

U.S. Citizenship 
and Immigration 
Services 
In Re: 13692501 
Appeal of Nebraska Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 10, 2021 
The Petitioner states that it is engaged in "e-commerce of various merchandise," and it seeks to 
permanently employ the Beneficiary as its chief executive officer under the first preference immigrant 
classification for multinational executives or managers. See Immigration and Nationality Act (the 
Act) section 203(b)(l)(C) , 8 U.S.C. § 1153(b)(l)(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 of the Nebraska Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that the Beneficiary was employed abroad and would be employed in the United 
States in a managerial or executive capacity. The Petitioner filed a combined motion to reopen and 
reconsider that was subsequently dismissed as untimely filed. The Petitioner then filed a motion to 
reconsider which was also dismissed. The matter is before us on appeal. 
On appeal, the Petitioner contends that the first combined motion to reopen and reconsider was 
erroneously dismissed as untimely filed. The Petitioner explained that the Director's decision was 
dated January 22, 2020 and the Form 1-290B, Notice of Appeal or Motion, was timely filed on 
February 24, 2020. However, the Director stated that the decision was dated January 16, 2020 rather 
than January 22, 2020. This is not correct. Thus, the Director mistakenly dismissed the motions based 
on the conclusion that it was a late filing when in fact it was timely filed. 
The Petitioner filed an appeal, along with a supplemental brief, requesting that we vacate the Director's 
decisions and approve the petition. 
Since the Director did not properly consider the Petitioner's motion to reopen and reconsider, we will 
remand the matter for consideration of that motion in accordance with the provisions of 8 C.F.R. § 
103.5(a)(3). The Director shall consider both the brief submitted in support of that motion and the 
brief submitted in support of the appeal. The Director shall then issue a new decision on the motion 
to reopen and reconsider. 
ORDER: The Director's decision on the Petitioner's motion to reopen is withdrawn. The matter 
is remanded for the entry of a new decision consistent with the foregoing analysis.