dismissed L-1A Case: Trading

U.S. Department of Homeland Security 
20 Mass Ave.. N.W.. Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
, 8 
FILE: EAC 0 1 103 503 1 1 Office: VERMONT SERVICE CENTER Date: &.J1.; jL 51 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 5 1101(a)(15)(L) 
ON BEHALF OF PETITIONER: 
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. 
/- 
Robert P. Wiemann, ~irector 
Pdrninistrative Appeals Office 
EAC 01 103 50311 
Page 2 
DISCUSSION: The nonirnmigrant visa petition was denied by the Director, Vermont Service Center. The 
Administrative Appeals Office dismissed the subsequent appeal. The matter is now before the Administrative 
Appeals Office on motion to reconsider. The motion will be dismissed. 
incorporated in 1998 and claims that it is a subsidiary of the overseas company 
located in Karachi, Pakistan. It seeks authorization to extend its employment 
the United States as its president. On June 6, 2001, in his decision. the director 
determined that-the record did not establish that the-beneficiary has been and will be employed in a primarily 
managerial or executive capacity. On June 22, 2001, the petitioner filed an appeal with the AAO. On October 
02,2002, the AAO dismissed the appeal. 
On November 1, 2002, the petitioner filed a motion to reconsider with the AAO. Counsel for the petitioner 
asserts that the AAO failed to take into consideration the primary duties and responsibilities of the beneficiary. 
Counsel states that the beneficiary's primary duties are: 
1. Establish an inventory control program; 
2. Develop regular base customers; 
3. Develop marketing strategies; 
4. In charge of On-going development of new products; 
5. Develop organizational policies in area of general administration, hiring or workers, and 
company's finance and credit; 
6. Supervise employees and temporary work crews; 
7. Manage company's finances. 
Counsel explains that "it is not unusual for a President in order to promote hisher company to do extra work, 
sometimes even unrelated to his appointment, but with the end that such extra work were all done to promote the 
business of the company." Counsel provides additional evidence of 2001 federal tax return, recent bank 
statement, and shipping invoices. Counsel claims this evidence demonstrates that the petitioner has prospered 
under the beneficiary's tenure. Additionally counsel submits a letter from the petitioner's accountant that counsel 
claims demonstrates that the beneficiary is in charge of the overall management and financial matters of the 
company. However, as discussed in the previous decisions, the evidence does not demonstrate that the 
beneficiary's primary duties will be directing the management of the organization; instead, it appears that the 
majority of this time will be spent performing the petitioner's services in trading with its customers and suppliers. 
The regulation at 8 C.F.R. 9 103.5 (a)(3) states, in pertinent part: 
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 (CIS) 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. 
Inasmuch as counsel has failed to state the reasons for reconsideration and the motion is not supported by 
pertinent precedent decisions that identify specifically an erroneous conclusion of law or a statement of fact in 
this proceeding, the motion is dismissed. 
ORDER: The motion to reconsider is dismissed.