dismissed L-1A Case: Import/Export

identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privac)' 
PUBLIC COpy 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W .. MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: AUG 3 0 20U Office: VERMONT SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker under Section 101(a)(lS)(L) of the Immigration and 
Nationality Act, 8 U.S.c. § J J01(a)(15)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § 103.S(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
!iJ Perry Rhew 
/J Chict: Administrativc Appeals Oflice 
www.uscis.gov 
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant vIsa petition. The 
Administrative Appeals Office (AAO) dismis~;cd the subsequently filed appeal and affirmed the director's 
decision to deny the petition. The matter is now before the Administrative Appeals Office (AAO) on a motion 
to reopen and a motion to reconsider. The AAO will reject the motion as untimely filed. 
The petitioner filed the nonimmigrant petition seeking to extend the beneficiary's employment under section 
101(a)(lS)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(lS)(L) as an 
intracompany transferee employed in a managerial or executive capacity. The petitioner, a Florida 
corporation, states that it is engaged in international import and export in the United States. It claims to be an 
affiliate of located in Guayaquil, Ecuador. The petitioner has 
employed the beneficiary in L-I A status since June 2003 and now seeks to extend his status for two additional 
years. 
The director denied the petition, and the AAO subsequently dismissed the appeal, concluding that the 
petitioner failed to establish that the beneficiary would be employed by the U.S. entity in a primarily 
managerial or executive capacity. 
In order to properly file a motion, the regulation at 8 C.F.R. § 103.S(a)(I)(iii) provides that the affected party 
must file the complete appeal with the otlice maintaining the record of proceeding within 30 days after 
service of the unfavorable decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 
C.F.R. § 103.Sa(b). In accordance with R C.F.R. § 103.2(a)(7)(i), an application received in a USCIS office 
shall be stamped to show the time and date of actual receipt, if it is properly signed, executed, and 
accompanied by the correct fee. For -::aJculating the date of filing, the appeal shall be regarded as properly 
filed on the date that it is so stamped by the service center or district office. 
The record indicates that the AAO issued the adverse decision on October 20,2009. It is noted that the AAO 
properly gave notice to the petitioner that it had 33 days to file the appeal and properly instructed the 
petitioner to submit the appeal to the office that originally decided the case. 
The AAO notes that the petitioner initially submitted the Form 1-2908, Notice of Appeal or Motion directly to 
the AAO, and not to the Vernl0nt Service Center, contrary to the regulation at 8 C.F.R. § 103.S(a)(l)(iii)(E) 
and the instructions on the AAO decision. The AAO returned the appeal to the petitioner, advising again that 
the appeal must be filed with the USCIS office that issued the original decision. The petitioner properly 
ultimately filed the appeal with the service center on December 8, 2009, 49 days after the AAO's decision 
was issued. Consequently, the motion in this matter was untimely filed. 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time limit for 
filing a motion. Thus, the motion was not timely filed and must be rejected on these grounds pursuant to 
8 C.F.R. § 103.3(a)(2)(v)(8)(l). 
ORDER: The motion is r~iected.