dismissed L-1A Case: Scrap Metal Export

Identifying data dele* to 
prevent clearly unwarranted 
invasion of personal privacy 
US. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals, MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
File: EAC 08 186 5 1417 
 Office: VERMONT SERVICE CENTER 
 Date: 
 NOV 10 2009 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1 10 l(a)(15)(L) 
ON 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 further inquiry must be made to that office. 
If you believe the law was inappropriately applied or you have additional information that you wish to have 
considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. fj 103.5 for the 
specific requirements. All motions must be submitted to the office that originally decided your case by filing a 
Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the 
decision that the motion seeks to reconsider, as required by 8 C.F.R. fj 103.5(a)(l)(i). 
wrry Rhew 
Chief, Administrative Appeals Office 
EAC 08 186 51417 
Page 2 
DISCUSSION: The Director, Vermont Service Center denied the nonimmigrant visa petition. The matter is 
now before the Administrative Appeals Office (AAO) on appeal. The AAO will reject the appeal as untimely 
filed. 
The petitioner filed this nonimmigrant petition seeking to extend the employment of its president as an L-1A 
nonimmigrant intracompany transferee pursuant to section 10 1 (a)( 15)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The petitioner, a New York corporation, is engaged in the export of 
scrap metal. It claims to be a subsidiary of, located in Tianjin, China. The 
beneficiary was previously granted L-1A classification for one year in order to open a new office in the 
United States and the petitioner now seeks to extend her status for two additional years. 
The director denied the petition, concluding that the petitioner failed to establish that the beneficiary would be 
employed in the United States in a primarily managerial or executive capacity. 
In order to properly file an appeal, the regulation at 8 C.F.R. tj 103.3(a)(2)(i) provides that the affected party 
must file the complete appeal with the office where the unfavorable decision was made 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. 5 103.5a(b). In accordance with 8 C.F.R. 5 103.2(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 calculating 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 director issued the decision on July 30, 2008. It is noted that the director 
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 Vermont Service Center. 
The AAO notes that Form I-290B, Notice of Appeal of Motion, was initially submitted on August 26, 2008; 
however, the Form I-290B was submitted to the AAO, and not to the Vermont Service Center, as required by 
the regulation at 8 C.F.R. 5 103.2(a)(7)(i). On August 26, 2008, the AAO returned the appeal to the 
petitioner, advising that the appeal must be filed with the USCIS office that issued the unfavorable decision. 
The petitioner properly filed the appeal with the service center on September 10, 2008, 42 days after the 
director's decision was issued. Consequently, the appeal in this matter was untimely filed. Any appeal that is 
not filed within the time allowed must be rejected as improperly filed. 8 C.F.R. fj 103.3(a)(2)(v)(B)(l). 
Neither the Act nor the pertinent regulations grant the AAO authority to extend the 33-day time limit for 
filing an appeal. As the appeal was untimely filed, the appeal must be rejected. Nevertheless, the regulation 
at 8 C.F.R. 5 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a motion to 
reopen or a motion to reconsider, the appeal must be treated as a motion, and a decision must be made on the 
merits of the case. 
EAC 08 186 51417 
Page 3 
A motion to reopen must state the new facts to be proved in the reopened proceeding and be supported by 
affidavits or other documentary evidence. 8 C.F.R. 5 103.5(a)(2). A motion to reconsider must state the 
reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the 
decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on 
an application or petition must, when filed, also establish that the decision was incorrect based on the 
evidence of record at the time of the initial decision. 8 C.F.R. 5 103.5(a)(3). A motion that does not meet 
applicable requirements shall be dismissed. 8 C.F.R. 5 103.5(a)(4). 
Here, the petitioner offers no "new" evidence, which could not have been presented in the initial proceeding. 
Likewise, the petitioner fails to cite to any pertinent precedent decisions establishing that the director's 
decision was based on an incorrect application of law or USCIS policy. The untimely appeal does not meet 
the requirements of a motion to reopen or a motion to reconsider. Therefore, there is no requirement to treat 
the appeal as a motion under 8 C.F.R. tj 103.3(a)(2)(v)(B)(2). 
As the appeal was untimely filed, the appeal must be rejected. 
ORDER: The appeal is rejected.