dismissed
L-1A
dismissed L-1A Case: Spa Services
Decision Summary
The motion to reconsider was denied because it did not satisfy the applicable requirements. The petitioner failed to state the reasons for reconsideration and did not support the motion with any pertinent decisions to establish that the prior decision was based on an incorrect application of law or USCIS policy.
Criteria Discussed
Motion To Reconsider Requirements
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services MATTER OF G-C-C- LTD. Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 22. 2017 MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION PETITION: FORM 1-129. PETITION FOR A NONIMMIGRANT WORKER The Petitioner. an operator of a spa. seeks to continue the Beneficiary's temporary employment as its president and general manager under the L-1 A nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act section 101(a)(I5)(L). 8 U.S.C. ~ 1101(a)(I5)(L). The L-lA 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 California Service Center denied the petition. We dismissed the subsequent appeal and denied a motion to reconsider. The matter is novv before us on a second motion to reconsider. Upon review. we will deny the motion. U.S. Citizenship and Immigration Services (USCIS) must deny a motion that does not satisfy applicable requirements. 8 C.F.R. ยง 103.5(a)(4). A motion to reconsider must state the reasons for reconsideration and be supported by any pertinent decisions to establish that the decision was based on an incorrect application of law or USCIS policy. 8 C.F.R. ยง 103.5(a)(3). The motion submission contains the following documents: a Form l-290l3. Notice of Appeal or Motion; a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative: and a copy of our prior motion denial notice dated September 7. 2017. Those documents do not contain a sufficient statement of a reason for reconsideration supported by any pertinent decisions to establish that the decision was based on an incorrect application of lmv or USC IS policy. Therefore. we must deny the motion because it does not satisfy applicable requirements for a motion to reconsider. 8 C.F.R. ยง 103.5(a)(3)-(4). ORDER: The motion to reconsider is denied. Cite as Matter (~lG-C-C- Ltd. ID# 1032773 (AAO Nov. 22. 2017)
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.