dismissed
L-1A
dismissed L-1A Case: Import/Export
Decision Summary
The appeal was rejected on procedural grounds, which is functionally a dismissal. The petitioner attempted to appeal the AAO's own decision on a motion to reconsider, but regulations do not permit an appeal to the AAO from a decision that was made by the AAO itself.
Criteria Discussed
Appellate Jurisdiction Motion To Reconsider Procedure
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 10 1 (a)(15)(L) IN BEHALF OF PETITIONER: 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 further inquiry must be made to that office. Robert P. Wiemann, Chief Administrative Appeals Office SRC 02 046 53295 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The Administrative Appeals Office (AAO) dismissed the subsequently filed appeal and affirmed the director's decision to deny the petition. The petitioner filed a motion to reconsider. The AAO dismissed the motion on June 13, 2005. On July 18, 2005, the petitioner appealed the AAO's dismissal of the motion to the AAO. The appeal will be rejected. The petitioner filed this nonimmigrant visa petition seeking to extend its authorization to employ the beneficiary as an L-1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and is allegedly an import/export business. The petitioner claims a qualifying relationship with of Venezuela. The beneficiary was initially approved for L-1A status for one year e United States, and the petitioner now seeks to extend the beneficiary's stay. The regulation at 8 C.F.R. fj 103.5(a)(6) states that a decision by a director on a motion to reopen or reconsider may be appealed to the AAO only if the original decision was appealable to the AAO. In this matter, the decision on the motion in question was made by the AAO, not by the director. As an appeal from a decision by the AAO on a motion is not identified in 8 C.F.R. fj 103.5 and is not listed as an appealable decision elsewhere in the regulations, the appeal must be rejected. See 8 C.F.R. fj 103.3. ORDER: The appeal is rejected.
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