dismissed L-1A

dismissed L-1A Case: Restaurant

📅 Date unknown 👤 Company 📂 Restaurant

Decision Summary

The motion to reopen was denied because it was untimely filed. The AAO's unfavorable decision was served on October 31, 2017, giving the petitioner 33 days to file a motion. The motion was received on December 5, 2017, which was 35 days later, and therefore was denied.

Criteria Discussed

Timeliness Of Motion

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF H-J-F- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. I, 2018 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-29, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a sushi restaurant, seeks to temporarily employ the Beneficiary as the administrative 
manager of its new office under the L-1 A nonimmigrant classification for intracompany transferees. 
See Immigration and Nationality Act (the Act) section IOI(a)(I5)(L), 8 U.S.C. § 110l(a)(l5)(L). 
The L-1 A classification aJiows 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 and we dismissed the subsequent 
appeal. The matter is now before us on a motion to reopen. Upon review, we will deny the motion 
as untimely filed. 
A motion must be filed within 33 calendar days of the date that the unfavorable decision was served 
by mail. 8 C.F.R. §§ 103.5(a)(l)(i); 103.8(b). The filing date is the day USCIS receives the motion 
at the designated filing location, not the date the Petitioner mailed the motion. 8 C.F.R. 
§ 103.2(a)(7)(i). 
On October 31, 2017, we dismissed the Petitioner's appeal and served the unfavorable decision by 
mail. The decision stated that the Petitioner may file a motion within 33 days. USCIS received the 
motion on December 5, 2017, which is 35 days after the service date of the unfavorable decision. 
Accordingly, we are denying the motion as untimely filed. 
ORDER: The motion to reopen is denied. 
Cite asMatter ofH-J-F- LLC, ID# 1292321 (AAO Mar. I, 2018)

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