dismissed H-1B Case: Accounting

MATTER OF A-A-A- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 28, 2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an accounting company, seeks to extend the Beneficiary's temporary employment as 
an "accountant" under the H-1B nonimmigrant classification for specialty occupations. See 
Immigration and Nationality Act section 101(a)(l5)(H)(i)(b), 8 U.S.C. § 1101(a)(15)(H)(i)(b). The 
H-1B program allows a U.S. employer to temporarily employ a qualified foreign worker in a 
position that requires both (a) the theoretical and practical application of a body of highly specialized 
knowledge and (b) the attainment of a bachelor's or higher degree in the specific specialty (or its 
equivalent) as a minimum prerequisite for entry into the position. 
The Director of the California Service Center denied the petition, and affirmed the denial in two 
subsequent motions. The Petitioner appealed the denial, which we dismissed on the basis that the 
Petitioner has not obtained a certified labor condition application (LCA) at the time of filing. The 
Petitioner then filed combined motions to reopen and reconsider, which we denied. 
The matter is before us on second combined motions to reopen and reconsider. The Petitioner again 
asserts ineffective assistance of counsel, and submits a declaration from its former counsel. We will 
deny the motions. 
I. MOTION REQUIREMENTS 
A motion to reconsider is based on an incorrect application oflaw or policy, and a motion to reopen 
is based on documentary evidence of new facts. The requirements of a motion to reconsider are 
located at 8 C.F.R. § 1 03.5(a)(3), and the requirements of a motion to reopen are located at 8 C.F.R. 
§ 103 .5( a)(2). We may grant a motion that satisfies these requirements and demonstrates eligibility 
for the requested immigration benefit. 
II. ANALYSIS 
A. Motion to Reopen 
In support of the combined motions, the Petitioner resubmits the declaration of former counsel, 
along with a new letter from former counsel admitting his mistake with the LCA in the instant 
matter. However, the evidence submitted on motion does not constitute new facts. We interpret 
Matter of A-A-A- Corp. 
"new facts" to mean facts that are relevant to the issue(s) raised on motion and that have not been 
previously submitted in the proceeding. Here, the Petitioner reiterates previous assertions regarding 
its former counsel. Reasserting previously stated facts or resubmitting previously provided evidence 
does not constitute "new facts." Therefore, the Petitioner has not shown proper cause to reopen the 
proceeding. 
B. Motion to Reconsider 
Nor does the Petitioner's motion satisfy the requirements of a motion to reconsider. On motion, the 
Petitioner continues to assert that, due to former counsel's inefiective assistance, the combined 
motions should be granted. However, the Petitioner's assertions do not specifically reference our 
immediate prior decision, which is the focus of this motion to reconsider. As discussed in our prior 
decision, the Petitioner did not submit an LCA: ( 1) certified prior to the filing of the petition; and 
(2) that corresponds to the H-1B petition. The Petitioner's subsequent submission of a new LCA 
was obtained and certified after filing the petition, and does not remedy the initial deficient filing. 
Section 101(a)(l5)(H)(i)(b) of the Act; 8 C.F.R. § 214.2(h)(4)(i)(B), (iii)(B)(l); 8 C.F.R. 
§ 103.2(b)(1). As noted in our prior decision, while we acknowledge the Petitioner's claims of 
ineffective assistance of counsel, the Petitioner is not eligible for the benefit sought. 
The Petitioner has not established that our prior decision was incorrect at the time of that decision. 
Therefore, the Petitioner has not shown proper cause for reconsideration. 
III. CONCLUSION 
The combined motions do not meet the requirements for a motion to reopen or a motion to 
reconsider. Therefore, we will deny the motions. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of A-A-A- Corp., 10# 787316 (AAO Dec. 28, 2017) 
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