dismissed L-1A

dismissed L-1A Case: Import/Export

📅 Date unknown 👤 Company 📂 Import/Export

Decision Summary

The motion to reopen was rejected as untimely filed. The petitioner filed the motion more than four years after the appeal was dismissed, far exceeding the 30-day deadline, and offered no reasonable explanation for the extreme delay.

Criteria Discussed

Qualifying Relationship Managerial Or Executive Capacity Doing Business Timeliness Of Motion

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View Full Decision Text
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: SRC 97 246 529 17 Office: TEXAS SERVICE CENTER Date: N 0~ 2 ii ino5, 
IN RE: 
Petition: 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1 101(a)(15)(L) 
IN BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any fiu-ther inquiry must be made to that office. 
Fobert P. Wiemann, ~irdtor 
PFnistrative Appeals Office 
.V 
SRC 97 246 52917 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, Texas Service Center, and a 
subsequent appeal was dismissed by the Administrative Appeals Office (AAO). The matter is now before the 
AAO on a motion to reopen. The motion will be rejected as untimely filed. 
The petitioner is engaged in importing and exporting liquor products and claims to be a wholly-owned 
subsidiary of the beneficiary's foreign employer in Venezuela. It seeks to classify the beneficiary as a 
nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 3 1101(a)(15)(L). 
The director denied the petition on May 11, 1998 concluding that the petitioner had not established that a 
qualifying relationship exists between the United States and foreign entities, that the beneficiary had been and 
would be employed in a managerial or executive capacity, or that the United States and foreign entities were 
doing business. The MO dismissed a subsequently filed appeal on December 9, 1999, and properly advised 
the petitioner of the requirements for filing a motion to reopen or reconsider. 
The regulation at 8 C.F.R. 3 103.5(a)(l)(i) requires that any motion to reopen or reconsider an action by 
Citizenship and Immigration Services (CIS) be filed within 30 days of the decision that the motion seeks to 
reopen or reconsider, except that failure to file before this period expires may be excused in the discretion of CIS 
where it is demonstrated that the delay was reasonable and was beyond the control of the petitioner. 
The instant motion to reopen was filed on June 8,2004, four years and. ' 
issued by the MO. On motion, the beneficiary states: "Th ths lettere [sic] is to ask if you can give 
me t [sic] the opportunity to re-open my case and to give the opportunity to continue being legal in ths country." 
The petitioner offers no explanation for the extremely late filing of the instant motion. As a matter of discretion, 
the petitioner's failure to file the motion within the period allowed will not be excused as either reasonable or 
beyond the control of the petitioner. Accordingly, the motion will be rejected as untimely filed. 
ORDER: The motion is rejected. 
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