dismissed L-1A Case: Culture Exchange Services

U.S. Citizenship 
and Immigration 
Services 
MATTER OF U.S . .I-R-X-C-E- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 10,2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM l-140,1MMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, described as a provider of"culture exchange services," seeks to temporarily employ 
the Beneficiary as its general manager under the L- I A nonimmigrant classification for intracompany 
transferees. See Immigration and Nationality Act (the Act) section I 0 I (a)( 15)(L), 8 U.S.C. 
~I IOI(a)(l5)(L). The L-IA classification allows a corporation or other legal entity (including its 
affiliate or subsidiary) to transfer a qualifying foreign employee to the United States to work 
temporarily in a managerial or executive capacity. 
The Director of the Califi.)rnia Service Center denied the petition, concluding that the record did not 
establish, as required, that the Petitioner will employ the Beneficiary in the United States in a 
managerial or executive capacity. We dismissed the Petitioner's subsequent appeal and further 
found that the Petitioner did not establish that it has a qualifying relationship with the Beneficiary's 
foreign employer. The matter is now before us on a motion to reconsider. 
On motion, the Petitioner submits a brief and additional evidence in support of its claim that the 
Beneficiary will be employed in a managerial or executive capacity, but does not address our 
adverse finding regarding the Petitioner's qualifying relationship with the Beneficiary's foreign 
employer. 
Upon review, we will deny the motion. 
I. MOTION REQUIREMENTS 
To merit reopening or reconsideration, a petitioner must meet the formal filing requirements (such 
as, for instance. submission of a properly completed Form l-290B, Notice of Appeal or Motion, with 
the correct fee), and show proper cause for granting the motion. 8 C.F.R. § 103.5(a)(l). 
A motion to reconsider must establish that we based our decision on an incorrect application of law 
or policy and that the decision ..yas incorrect based on the evidence in the record of proceedings at 
the time of the decision. A petitioner must support its motion to reconsider with a pertinent 
precedent or adopted decision, statutory or regulatory provision, or statement of U.S. Citizenship and 
Immigration Services (USCIS) or Department of Homeland Security policy. 8 C.F.R. § I 03.5(a)(3). 
) 
Maller of' US.J-R-X-C-E- LLC 
We may grant a motion that satisfies these requirements and demonstrates eligibility for the requested 
immigration benctit. 
II. ANALYSIS 
The Petitioner has not shown proper cause for reconsideration. Although the Petitioner submits a 
brief in support of its motion to reconsider, it does not state the reasons tor reconsideration, docs not 
cite to appropriate statutes. regulations, or precedent decisions, and does not establish that our prior 
decision was based on an incorrect application of law or policy. The "Analysis" section of the 
Petitioner's brief is copied verbatim from its previously-submitted appellate brief. We already 
addressed those arguments in our decision dismissing the Petitioner's appeal. The Petitioner does 
not address the specific lindings we made with respect to the Beneficiary's employment capacity in 
the United States. 
Further, as noted, the Petitioner does not acknowledge, much less attempt to overcome, our 
determination that the evidence of record does not establish that the Petitioner has a qualifying 
relationship with the Bencticiary's foreign employer, The Petitioner has not established that this 
conclusion was based on an incorrect application of law or policy. 
Finally, we acknowledge that the Petitioner has submitted new evidence in support of its motion to 
reconsider, We do not consider new facts or evidence in a motion to reconsider, 1 Therefore, we will 
not address the newly submitted evidence. 
For these reasons, the Petitioner has not met the applicable requirements for a motion to reconsider, 
ORDER: The motion to reconsider is denied. 
Cite as A-faller ofU.S.J-R-X-C-E- LLC, ID# 1256895 (AAO May 10, 2018) 
1 
A motion to reopen must state new !'acts and be supported by documentary evidence. 8 C.F.R. § 103.5(a)(2). The 
Petitioner did not indicate that it intended to tile a combined motion to reopen and reconsider. 
2