dismissed L-1A Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 0-I-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 12,2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a manufacturer of tire motor pumps, seeks to temporarily employ the Beneficiary as 
the manager of its new office under the L-1 A nonimmigrant classification for intracompany 
transferees. See Immigration and Nationality Act section 10l(a)(l5)(L), 8U.S.C. § 110l(a)(15)(L). 
The L-1 A 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 Vermont Service Center denied the petition, concluding that the Petitioner did 
not establish, as required, that (1) it has a qualifying relationship with the Beneficiary's last 
employer abroad; and (2) that the Beneficiary has been employed abroad in a managerial or 
executive capacity. We summarily dismissed the Petitioner's subsequent appeal because the 
Petitioner did not identify a specific, erroneous conclusion of law or statement of fact in the 
Director's decision as a basis for the appeal. 
In this combined motion to reopen and motion to reconsider, the Petitioner submits a brief and 
additional evidence addressing the original grounds for denial of the petition. 
Upon review, we will deny the combined motion. 
I. MOTION REQUIREMENTS 
To merit reopening or reconsideration, a petitioner must meet the formal filing requirements (such 
as, for instance, submission of a properly completed Form I-290B, Notice of Appeal or Motion, with 
the correct fee), and show proper cause for granting the motion. 8 C.F.R. § 103.5(a)(l). 
A motion to reopen is based on factual grounds and must (I) 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. 
§ 103.5(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 ). A motion to reconsider must be 
supported by a pertinent precedent or adopted decision, statutory or regulatory provision, or 
statement of U.S. Citizenship and Immigration Services or Department of Homeland Security policy. 
Matter of 0-1-. LLC 
We may grant a motion to reopen or reconsider that satisfies these requirements and demonstrates 
eligibility for the requested immigration benefit. 
II. DISCUSSION 
We summarily dismissed the Petitioner·s appeal because the Petitioner did not submit provide. as 
required, a statement that specifically identified an erroneous conclusion of law or fact in the 
decision that was before us on appeal. See 8 C.F.R. § 103.3(a)(l)(v). 
Although the Petitioner indicated on the Form I-2908, Notice of Appeal or Motion. that it would 
submit a brief or evidence to our office within 30 days of filing the appeal on January 17, 2017, we 
determined that the Petitioner had not submitted a brief or evidence. Accordingly, the Petitioner 
established no basis for the appeal and the summary dismissal was warranted. 
Our review in this matter is limited to the narrow issue of whether the Petitioner has now presented 
and documented new facts or documen~ed sufficient reasons to warrant the reopening or 
reconsideration of our decision to summarily dismiss its appeal. 
However, the Petitioner's combined motion to reopen and reconsider does not even acknowledge 
that our office issued a decision on its appeal, much less attempt to overcome our reasons for 
summarily dismissing that appeal. Instead, the Petitioner's brief and evidence on motion address the 
substantive grounds for denial and appears to seek reopening or reconsideration of the Director·s 
original decision issued on December 21, 2016. 
In accordance with 8 C.F.R. § 1 03.5(a)(l )(ii), the official having jurisdiction over a motion is the 
official who made the latest decision in the proceeding, which, in this case, is this office. On 
motion, the Petitioner has not provided evidence that it submitted a timely filed brief or evidence in 
support of its appeal or otherwise shown that its appeal, when tiled, contained the required statement 
identifying the specific erroneous conclusions of law or fact in the Director's decision. Accordingly, 
we will deny the combined motion. 
III. CONCLUSION 
For the reasons discussed, the Petitioner has not shown proper cause for reopenmg or 
reconsideration. 
ORDER: The motion to reopen is denied. 
FURTHER ORDER: The motion to reconsider is denied. 
Cite as Matter ol0-1-, LLC, ID# 842916 (AAO Dec. 12, 2017) 
2