dismissed L-1A Case: Scrap Metal

U.S. Citizenship 
and Immigration 
Services 
In Re : 10742645 
Appeal of California Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEPT . 23, 2020 
The Petitioner , which operates a scrap metal business, seeks to continue the Beneficiary's temporary 
employment as its "Executive" under the L-lA nonimmigrant classification for intracompany 
transferees . Immigration and Nationality Act (the Act) section 10l(a)(15)(L), 8 U.S.C. 
§ l 101(a)(15)(L). 
The Director of the California Service Center denied the petition concluding that the record did not 
establish, as required that (1) the Beneficiary was employed abroad in a managerial or executive 
capacity, and (2) he would be employed in the United States in a managerial or executive capacity. 
The Petitioner subsequently filed three combined motions to reopen and reconsider, which the Director 
dismissed. The Petitioner then filed an appeal, which we summarily dismissed. The matter is now 
before us on a combined motion to reopen and motion to reconsider. 
In these proceedings, it is the Petitioner's burden to establish eligibility for the requested benefit. See 
section 291 of the Act, 8 U.S .C. § 1361. Upon review, the Petitioner has not met this burden . 
Accordingly, we will dismiss the combined motion to reopen and motion to reconsider. 
I. LAW 
To merit reopening or reconsideration, a petitioner must meet the formal filing requirements and show 
proper cause for granting the motion. 8 C.F.R. § 103.5(a)(l). 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. § 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 oflaw or U.S. Citizenship and Immigration Services (USCIS) policy. 8 C.F.R. 103.5(a)(3) 
The regulation at 8 C.F.R. § 103.5(a)(l)(i) limits our authority to reopen or reconsider to instances 
where the Petitioner has shown "proper cause" for that action. Thus, to merit reopening or 
reconsideration, a petitioner must not only meet the formal filing requirements (such as submission of 
a properly completed Form I-290B, Notice of Appeal or Motion, with the correct fee), but also show 
proper cause for granting the motion. We cannot grant a motion that does not meet applicable 
requirements. See 8 C.F.R. § 103.5(a)(4). 
II. ANALYSIS 
As a preliminary matter, we note that the review of any motion is narrowly limited to the basis for the 
prior adverse decision. Here, although the Petitioner's brief on motion addresses the Director's denial 
of the underlying petition, the subject of the prior decision was our summary dismissal of the 
Petitioner's appeal. As such, the issue in this matter is whether the Petitioner has either submitted new 
facts supported by documentary evidence sufficient to warrant reopening its appeal and/or established 
that our decision to summarily dismiss the appeal was based on an incorrect application ofUSCIS law 
or policy. 
A. Prior AAO Decision 
The regulations provide that an officer to whom an appeal is taken shall summarily dismiss any appeal 
when the party concerned fails to identify specifically any erroneous conclusion of law or statement of 
fact for the appeal. 8 C.F.R. § 103.3(a)(l)(v). 
At the time the Petitioner filed its appeal on September 3, 2019, it did not submit a statement identifying 
any erroneous conclusion oflaw or statement of fact as a basis for the appeal, as instructed on the Form 
I-290B, Notice of Appeal or Motion. The Petitioner also submitted no brief or evidence with Form I-
290B but stated that it would submit those materials to our office within 30 days. When we reviewed 
the record of proceeding several months later, it did not include any supplement to the appeal. As a 
result, we summarily dismissed the appeal pursuant to 8 C.F.R. § 103.3(a)(l)(v). 
B. Motion to Reopen 
The Petitioner has submitted a brief and new evidence in support of its motion to reopen, but it has 
not provided new facts or new evidence that would overcome our decision to summarily dismiss its 
appeal. Although the Petitioner acknowledges in passing that we dismissed the appeal, the brief and 
new evidence are intended to address the Director's decisions denying the underlying petition on its 
merits. 
Absent new facts or evidence demonstrating that the Petitioner submitted the required statement in 
support of its appeal, it has not established with the current motion that the appeal should be reopened. 
Accordingly, the motion to reopen will be dismissed. 
C. Motion to Reconsider 
We will also dismiss the motion to reconsider, because the Petitioner has not shown that the summary 
dismissal of its appeal was incorrect based on the evidence of record at the time of the initial decision. 
As noted, the Petitioner does not contest our summary dismissal decision or claim that it was based 
on an incorrect application oflaw or policy; its legal arguments on motion solely address the Director's 
decision to deny the underlying petition. For the reasons discussed, our summary dismissal decision 
was consistent with USCIS policy and the regulation at 8 C.F.R. § 103.3(a)(l)(v). 
We will not consider the newly submitted motion brief discussing the merits of the case absent evidence 
that we summarily dismissed the appeal in error. The Petitioner has not provided such evidence or 
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shown that the matter should be reopened or reconsidered. Accordingly, the combined motions will be 
dismissed. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
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