dismissed L-1A Case: Hospitality

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF D-H- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 19, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-129,.PETITION.FOR A NONIMMIGRANT WORKER 
The Petitioner, a hotel and bar, seeks to temporarily employ the Beneficiary as its vice president and 
general manager under the L-1 A nonimmigrant classification for intracompany transferees. See 
Immigration and Nationality Act (the Act) section l0l(a)(I5)(L) , 8 U.S.C. § 110l(a) ( I5)(L). The 
Director of the Vermont Service Center denied the petition and we summarily dismissed appeal. 
The matter is now before us on a m otion to reopen and motion to reconsider. On motion, the 
Petitioner asser1s that a brief was timely submitted and that we erred in summarily dismissing the 
appeal. Upon review, we will deny the motions. 
A motion to reopen is based on factual grounds and n1ust ( l) state the new facts to be provided in the. 
reopened proceeding; and (2) be supported by affidavits or other documentary evidence. 8 C.F.R. 
~ I 03.5(a)(2). A motion to reconsider must establish that our decision was based on an incorrect 
application of law or policy and that the decision was incorrect based on the evidence in the record 
of proceedings at the time of the decision . 8 C.F.R. § 1 03.5(a)(3). We may grant a motion that 
satisfies these requirements and demonstrates eligibility for the requested immigration benetit. 
For the purposes of this motion, the scope of our review is limited to the latest decision, which was our 
decision dismissing the Petitioner's appeal. Thcretore, the issue in this matter is whether we properly 
summarily dismissed the Petitioner's appeal. A review of the record contlrm s that our summary 
dismissal of the appeal was warranted. The regulations state: "An officer to whom an appeal is 
taken shall summarily dismiss any appeal when the party concerned fails to identify specitically any 
erroneous conclusion of law or statement of fact for the appeal." 8 C.F.R. § I 03.3(a)( I )(v). 
The Petitioner 's appeal was liled on July 24, 2017 and consisted of a Form 1-2908 , Notice of Appeal 
or Motion, in which the Petitioner indicated that it would submit a brief or additional evidence 
within 30 days. While the Petitioner is not required to submit a brief or additional evidence, Part 4 
of the Form I-2908 docs require the tiling party to provide a separate sheet of paper with a statement 
that specifically identifies a n erroneous conclusion or law or fact in the decision being appealed. 
The Petitioner did not submit this required statement and did not properly s upplement t he appeal 
with a brief or evidence after tiling it. 
On motion, the Petitioner submits tracking information and a brief statement asserting that the brief 
in support of the appeal was timely submitted. However, the tracking record shows a delivery 
Maller af D-H- LLC 
of August 28, 2017 to the Vermont Service Center. The instructions for the Fom1 1-2908 state that 
"[a]ny brier and/or additional evidence submitted alier the initial filing of Form I-290B must be 
submitted directly to the AAO." USCIS, Instructions fiJI' Notice of Appeal or Molion, 4 (April I 0, 
2017), available at https://www.uscis.gov/system/ files_force/files/form/i-290binstr.pdf (last accessed 
Mar. 6, 20 18). The Petitioner's newly submitted evidence shows the Petitioner submitted his 
claimed brief to the incorrect address more than 30 days atler filing the appeal. Accordingly, we 
properly determined that the regulations required the summary dismissal of the appeal. 
The Petitioner has not provided new evidence on motion to establish that it had timely submi!ted the 
required statement, a brief, or additional evidence to establish a basis for its appeal. Nor has the 
Petitioner stated that our decision to summarily dismiss the appeal was based on an incorrect 
application of law or policy. Accordingly, the combined motion will be denied. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter'!( D-H- LLC, I D# 1414877 (AAO Mar. 19, 20 18) 
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