dismissed L-1A Case: Exercise And Fitness

MATTER OF B-A-USA, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JAN. 10,2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an exercise and fitness'studio, seeks to extend the Beneficiary's temporary employment 
as its chief executive officer (CEO) under the L-lA nonimmigrant classification for intracompany 
transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. 
§ 1101(a)(15)(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, California Service Center, denied the petitiOn. The Director concluded that the 
evidence of record did not establish that the Beneficiary would be employed in a managerial or 
executive capacity under the extended petition. The Petitioner appealed the Director's decision and 
we dismissed the Petitioner's appeal. 
The matter is now before us on a combined motion to reopen and motion to reconsider. On motion, 
the Petitioner submits a brief, re-submits the ~vidence it submitted on appeal, and asserts that the 
Beneficiary's employment will be in both a managerial capacity and an executive capacity. 
Upon review, we will deny the combined motion. 
I. LAW 
The regulation at 8 C.F.R. § 103.5(a)(l)(i) limits our authority to reopen the proceeding to instances 
where the Petitioner has shown "proper cause" for that action. Thus, to merit reopening, a petitioner 
must not only meet the formal filing requirements (e.g. submission of a properly completed Form 
I-290B, Notice of Appeal or Motion, with the correct fee), but also show proper cause for granting 
the motion. We cannot grant a motion that does not meet applicable requirements. See 8 C.F.R. § 
1 03.5(a)( 4). 
A. Requirements for Motions to Reopen 
The regulation at 8 C.F.R. § l03.5(a)(2), "Requirements for motion to reopen," states: 
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Matter of B-A-USA, Inc. 
A motion to reopen must [(1)] state the new fads to be provided in the reopened 
proceeding and [(2)] be supported by affidavits or other documentary evidence.· 
This provision is supplemented by the related instruction at Pan 4 of the Form I-290B, which states: 
Motion to Reopen: The motion must state new facts and must be supported by 
affidavits and/or documentary evidence demonstrating eligibility at the time the 
underlying petition ... was filed. 1 . 
Further, the new facts must possess such significance that, "if proceedings ... were reopened, with all 
the attendant delays, the new evidence offered would likely change the result in the case." Matter of 
Coelho, 20 I&N Dec. 464, 473 (BIA 1992); see also Maatougui v. Holder, 738 F.3d 1230, 1239-40 
(lOth Cir. 2013). 
B. Requirements for Motions to Reconsider 
The regulation at 8 C.F.R. § 1 03.5(a)(3), "Requirements for motion to reconsider," states: 
A motion to reconsider must [(1)] state the reasons for reconsideration and [(2)] be 
supported by any pertinent precedent decisions to establish that the decision was 
based on an incorrect application of law or Service policy. A motion to reconsider a 
decision on an application or petition must [(3)], [(a)] when filed, also [(b)] establish 
that the decision was incorrect based on the evidence of record at the time of the 
initial decision. 
These provisions are augmented by the related instruction at Part 4 of the Form I-290B, which states: 
Motion to Reconsider: The motion must be supported by citations to appropriate 
statutes, regulations, or precedent decisions when filed and must establish that the 
decision was based on an incorrect application of law or policy, and that the decision 
was incorrect based on the evidence of record at the time of decision. 
A motion to reconsider contests the correctness of the prior decision based on the previous factual 
record, as opposed to a motion to reopen which seeks a new hearing based on new facts. Compare 
8 C.F.R. § 103.5(a)(3) and 8 C.F.R. § 103.5(a)(2). 
A motion to reconsider should not be used to raise a legal argument that could have been raised 
earlier in the proceedings. See Matter of Medrano, 20 I&N Dec. 216, 219 (BIA 1990, 1991) 
("Arguments for consideration on appeal should all -be submitted at one time, rather than in 
piecemeal fashion."). Rather, any "arguments" that are raised in a motion to reconsider should flow 
1 
The regulation at 8 C.F.R. § 103.2(a)(l) states in pertinent part: "Every benefit request or other document submitted to 
DHS must be executed and filed in accordance with the form instructions, notwithstanding any provision of 8 CFR 
chapter I to the contrary, and such instructions are incorporated into the regulations requiring its submission." 
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Matter of B-A-USA, Inc. 
from new law or a de novo legal determination that could not have been addressed by the affected 
party. Matter ofO-S-G-, 24l&N Dec. 56, 58 (BIA 2006) (examining motions to reconsider under a 
similar scheme provided at 8 C.F.R. § 1003.2(b)); see also Martinez-Lopez v. Holder, 704 F.3d 169, 
171-72 (Yst Cir. 2013). Further, the reiteration of previous arguments or general allegations of error 
in the prior decision will not suffice. Instead, the affected party must state the specific factual and 
legal issues raised on appeal that were decided in error or overlooked in the initial decision. See 
Matter ofO-S-G-, 24 I&N Dec. at 60. 
II. ANALYSIS 
For the reasons discussed below, we will deny the motion to reopen and the motion to reconsider. 
The Petitioner has submitted a 12-page brief and copies of all exhibits (labeled Exhibit A through 
Exhibit L) it previously submitted in support of its appeal. Upon review of the brief, we note that its 
contents are repeated verbatim from the brief submitted in support of the Petitioner's appeal and 
therefore address the Director's initial decision dated January 20, 2016. 
Upon review, the Petitioner has not submitted any document that contains "new facts" in support of 
a motion to reopen. 8 C.F.R. § 103.5(a)(2). The submitted brief and evidence were already 
reviewed, considered and thoroughly addressed in our previous decision dismissing the Petitioner's 
appeal. Accordingly, the motion to reopen will be dismissed. 
Further, as stated above, the reiteration of previous arguments already made on appeal does not meet 
the requirements of a motion to reconsider. See Matter of 0-S-G-, 24 I&N Dec. at 60. We already 
reviewed and addressed these arguments, and the associated exhibits submitted on appeal, in our 
decision dated August 11, 2016. In order to meet the requirements for a motion to reconsider, the 
Petitioner's motion must state specific factual and legal issues, raised in that decision, that were 
decided in error. 
Here, the Petitioner has neither acknowledged nor addressed the specific findings made in our 
decision. We conclude that the documents constituting this motion do not articulate how our 
decision on appeal misapplied any pertinent statutes, regulations, or precedent decisions to the 
evidence of record when the decision to dismiss the appeal was rendered. Therefore, the Petitioner 
has not submitted any document that would meet the requirements of a motion to reconsider. 
Accordingly, the motion to reconsider must be denied. 
The Petitioner should note that, unless USCIS directs otherwise, the filing of a motion to reopen or 
reconsider does not stay the execution of any decision in a case or extend a previously set departure 
date. 8 C.F.R. § 103.5(a)(l)(iv). 
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III. CONCLUSION 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. Here, that burden has not been met. 
Accordingly, the combined motion will be denied, the proceedings will not be reopened or 
reconsidered, and our previous decision will not be disturbed. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter of B-A-USA. Inc., ID# 154493 (AAO Jan. I 0, 2017)