dismissed
L-1A
dismissed L-1A Case: Grocery Store
Decision Summary
The motion was dismissed because it was based on arguments that the AAO had already considered and addressed in a decision on a simultaneously filed, identical motion from the same petitioner. Therefore, the basis for the current motion was considered moot.
Criteria Discussed
Motion To Reopen Motion To Reconsider New Office
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: DEC. 21, 2023 In Re: 29300024 Motion on Administrative Appeals Office Decision Form 1-129, Petition for a Nonimmigrant Worker (L-lA Manager or Executive) The Petitioner operates a grocery store and seeks to temporarily employ the Beneficiary as general manager and chief executive officer of its claimed new office under the L-lA nonimmigrant classification for intracompany transferees.1 Immigration and Nationality Act section 10l(a)(l5)(L), 8 U.S.C. ยง l 10l(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 California Service Center denied the petition in July 2019. We dismissed the Petitioner's appeal as well as its four subsequent motions, the first of which was a motion to reconsider followed by three combined motions to reopen and reconsider. The matter is now before us again on another combined motion to reopen and reconsider. The record shows that alongside this motion, the Petitioner filed another Form I-290B (with receipt numbed b, which is also a motion to reopen and reconsider and was filed on the same date and is accompanied the same supporting statement as this matter. We have since issued a decision on the simultaneously filed motion (with receipt numberl I). In doing so, we considered and addressed the arguments made in the Petitioner's supporting statement. Accordingly, because this motion is based on arguments that we have already considered and addressed in our decision on the simultaneously filed motion, the basis for this motion is moot. ORDER: The motion to reopen is dismissed. FURTHER ORDER: The motion to reconsider is dismissed. 1 A petitioner seeking treatment as a new office must establish that it is an organization which has been doing business in the United States for less than one year. 8 C.F.R. ยง 214.2(l)(l)(ii)(F) .
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