dismissed
L-1A
dismissed L-1A Case: Cannabinoid Medicine
Decision Summary
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence as required. The petitioner's legal brief merely repeated arguments that had already been addressed in the prior decision, which found the petitioner's business activities involving cannabinoid medicines to be in violation of federal law.
Criteria Discussed
Motion To Reopen Requirements Lawful Business Activity Under Federal Law Employment Abroad In A Managerial Or Executive Capacity
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U.S. Citizenship
and Immigration
Services
In Re : 16228968
Motion on Administrative Appeals Office Decision
Form I-129, Petition for L-IA Manager or Executive
Non-Precedent Decision of the
Administrative Appeals Office
Date: APR. 16, 2021
The Petitioner identifies itself as a business that cultivates, manufactures, dispenses, and conducts
laboratory testing of cannabinoid medicines. It seeks to employ the Beneficiary temporarily as its
"Senior Vice President, Head of Business Development" under the L-1 A 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 101(a)(15)(L), 8 U.S.C.
ยง 1101(a)(15)(L).
The Director of the Texas Service Center revoked approval of the petition concluding that (1) the
Petitioner is engaged in business activities that contravene a federal law and (2) the Beneficiary's
employment abroad was not in a managerial or executive capacity. We then dismissed the Petitioner's
appeal because we concluded that the Petitioner did not overcome the determination that it operates a
business that is in violation of a federal statute.
Upon review, we will dismiss the motion.
I. REQUIREMENTS OF A MOTION TO REOPEN
A motion to reopen is based on factual grounds and must (1) state the new facts to be provided in 1he
reopened proceeding; and (2) be supported by affidavits or other documentary evidence. 8 C.F.R .
ยง 103 .5(a)(2). We may grant a motion that satisfies these requirements and demonstrates eligibility
for the requested immigration benefit.
In addition, the new facts in a motion to reopen must possess such significance that "the new evidence
offered would likely change the result in the case." See Matter of Coelho, 20 I&N Dec. 464, 473 (BIA
1992). In other words, a motion to reopen should only be granted under a limited set of circumstances
where the Petitioner demonstrates that the new evidence would result in a different outcome. See id.
II. ANALYSIS
As a preliminary matter, we note that the scope of review in any motion is narrowly limited to the
basis of the prior adverse decision. As noted above, in the prior adverse decision we addressed the
sole issue of whether the Director correctly concluded that the petition did not merit approval because
the Petitioner operates a business that is in violation of a federal statute. We further explained that
because this basis for revocation was dispositive of the Petitioner's appeal, we would reserve the
Petitioner's arguments regarding the Beneficiary's employment abroad in a managerial or executive
capacity. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) ("courts and agencies are not required to
make findings on issues the decision of which is unnecessary to the results they reach"); see also
Matter of L-A-C-, 26 I&N Dec. 516,526 n.7 (BIA 2015) (declining to reach alternative issues on
appeal where an applicant is otherwise ineligible). Therefore, although the Petitioner's motion
addresses the Beneficiary's employment abroad, which served as a ground for the revocation, as well
as the Beneficiary's proposed employment and the Petitioner's qualifying relationship with the
Beneficiary's foreign employer, we will not address these eligibility requirements and will instead
limit our review to only new facts and evidence that pe1iain to the issue that we addressed in our p1ior
adverse decision.
Here, the Petitioner provides a legal brief in which the entire ''Law and Analysis" section repeats,
verbatim, the "Law and Analysis" section that was included in the legal brief the Petitioner submitted
on appeal. The arguments posed in that brief have already been addressed and need not be addressed
for a second time. Because the Petitioner has provided no new facts, it has not shown proper cause
for reopening our prior decision.
ORDER: The motion to reopen is dismissed.
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