dismissed L-1A Case: Business

U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rrn. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Imigration 
File: EAC-02-220-50528 Office: VERMONT SERVICE CENTER Date: 6 9 2005 
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 8 1 101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
eert P. Wiemann, Director 
Administrative Appeals Office 
EAC-02-220-50528 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition and a 
subsequent appeal was dismissed by the Administrative Appeals Office (AAO). The matter is now before the 
AAO on a motion to reconsider. The motion will be rejected as untimely filed. 
The petitioner filed this nonimmigrant petition seeking to extend the employment of its president as an L-1A 
nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 3 1101(a)(15)(L). The director denied the petition on December 5,2002, determining 
that the petitioner had not established that the beneficiary would be employed in a managerial or executive 
capacity. The AAO affirmed the director's decision on appeal on February 11,2004. 
In order to properly file a motion, the regulation at 8 C.F.R. 5 103.5(a)(l)(i) provides that the affected party 
must file the motion within 30 days of service of the unfavorable decision. If the decision was mailed, the 
appeal must be filed within 33 days. See 8 C.F.R. 5 103.5a(b). The failure to file before this period expires 
may be excused at the discretion of the AAO where it is demonstrated that the delay was reasonable and 
beyond the control of the petitioner. 8 C.F.R. 5 103.5(a)(l)(i). 
In accordance with 8 C.F.R. 5 103.2(a)(7)(i), an application received in a CIS office shall be stamped to show 
the time and date of actual receipt, if it is properly signed, executed, and accompanied by the correct fee. For 
calculating the date of filing, the motion shall be regarded as properly filed on the date that it is so stamped by 
the service center or district office. 
The last decision of the AAO was issued on February 11,2004. The motion was filed on March 16,2004, 34 
days after the AAO decision was issued. 
On motion, counsel for the petitioner has not requested that the failure to file the motion within the 30-day 
time period be excused. Counsel does not assert that the delay in filing the motion was reasonable, and 
beyond the control of the petitioner. 
As a matter of discretion, the applicant's failure to file the motion within the period allowed will not be 
excused as either reasonable or beyond the control of the petitioner. Accordingly, the motion will be rejected 
as untimely filed. 
ORDER: The motion is rejected as untimely filed.