dismissed L-1A Case: Business Management

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 31, 2023 In Re: 28919072 
Motion on Administrative Appeals Office Decision 
Form 1-129, Petition for a Nonimmigrant Worker (L-lA Manager or Executive) 
The Petitioner seeks to employ the Beneficiary as the general manager of its new office1 under the L­
IA nonimmigrant classification for intracompany transferees who are coming to be employed in the 
United States in a managerial or executive capacity. Immigration and Nationality Act (the Act) 
section 10l(a)(15)(L) , 8 U.S.C. § l 10l(a)(l5)(L). 
The record reflects that following the denial of the petition, the Petitioner filed an appeal we dismissed. 
The Petitioner subsequently filed a combined motion to reopen and reconsider that we also dismissed, 
and then two additional consecutive motions to reopen, which we dismissed. The Petitioner later 
submitted an additional appeal that we rejected as improperly filed and a later filed a motion to reopen 
and motion to reconsider, both of which we dismissed. The matter is now before us again on another 
motion to reopen and a motion to reconsider. 
In our prior decision issued in May 2023, we dismissed the prior motion to reopen and motion to 
reconsider because we rejected the prior appeal in December 2022. The rejected appeal was the second 
appeal in this proceeding, and we indicated that there is no statutory or regulatory provision that 
permits the filing of more than one appeal regarding the same petition. See 8 C.F.R. § 103.3(a)(l)(ii). 
On motion, the Petitioner states it has "provided credulous and verifiable supporting documentation 
with our previous motions, [and U.S. Citizenship and Immigration Services (USCIS)] is unwavering 
in their pursuit to deny this 1-129 petition." The Petitioner contends that it has demonstrated the 
Beneficiary's eligibility for the benefit sought. 
The scope of a motion is limited to "the prior decision" and "the latest decision in the proceeding." 
8 C.F.R. § 103.5(a)(l)(i), (ii). Therefore, we will only consider new evidence to the extent that it 
pertains to our latest decision dismissing the motion to reopen and motion to reconsider. The 
Petitioner's contentions in support of the current motions merely reargues facts and issues we have 
already considered several times in our previous decisions. See e.g., Matter of O-S-G-, 24 I&N Dec. 
56, 58 (BIA 2006) ("a motion to reconsider is not a process by which a party may submit, in essence, 
the same brief presented on appeal and seek reconsideration by generally alleging error in the prior 
1 The tenn "new office" refers to an organization which has been doing business in the United States for less than one year. 
8 C.F.R. § 214.2(l)(l)(ii)(F) . The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation no more than 
one year within the date of approval of the petition to support an executive or managerial position. 
Board decision"). "Motions for reopening immigration proceedings are disfavored for the same 
reasons as are petitions for rehearing and motions for a new trial on the basis of newly discovered 
evidence." INSv. Doherty, 502 U.S. 314,323 (1992) (citingINSv. Abudu, 485 U.S. 94 (1988)). Prior 
to rejecting its second appeal in December 2022, we considered and dismissed an appeal and three 
prior sets of motions the Petitioner previously filed. In those decisions, we thoroughly addressed the 
merits of this matter and the assertions the Petitioner again resubmits in support of the current motions. 
Here, the Petitioner has not provided new facts to establish that we erred in dismissing the prior 
motions. Because the Petitioner has not submitted new facts to demonstrate that our prior dismissal 
was incorrect, it has not established a basis to reopen our prior decision. Likewise, the Petitioner has 
also not articulated how our prior decision was inconsistent with applicable law or policy, and 
therefore, it has not met the requirements of a motion to reconsider. We will not re-adjudicate the 
petition anew and, therefore, the underlying petition remains denied. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
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