dismissed L-1A

dismissed L-1A Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The motion to reopen and motion to reconsider were dismissed on jurisdictional grounds. The underlying decision was a denial of a Form I-539 application to extend status, which is not appealable per regulation 8 C.F.R. § 214.1(c)(5). As the AAO lacked jurisdiction over the initial appeal, it cannot adjudicate subsequent motions on the matter.

Criteria Discussed

Jurisdiction Non-Appealability Of Form I-539 Denial Motion To Reopen Motion To Reconsider

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 20883688 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JUN 03, 2022 
Form 1-539, Application to Extend /Change Nonimmigrant Status 
The Applicants seek to extend their L-2 nonirnrnigrant status as the dependent spouse and unmarried 
minor child of an L-lA nonimmigrant intracompany transferee . See section 101(a)(l5)(L) of the 
Immigration and Nationality Act (the Act) , 8 U.S.C. § l 10l(a)(l5)(L) . 
The Director of the California Service Center denied the Form 1-539, Application to Extend /Change 
Nonimmigrant Status, based on the concurrent denial of the L-lA extension petition filed on behalf of 
the principal L-IA nonimmigrant. The Applicant appealed that decision, and we rejected the appeal 
pursuant to the regulation at 8 C.F .R. § 214 .1 ( c )( 5), which provides that there is no appeal from the 
denial of an application for an extension of stay filed on Form 1-539. 1 
The Applicant previously filed three combined motions to reopen and reconsider. We dismissed each 
motion, and the matter is now before us again on a fourth motion to reopen and motion to reconsider. 
Upon review, we will dismiss both motions. 
To satisfy the filing requirements for a motion, the moving party must address the motion to the official 
having jurisdiction. 8 C.F.R. § 103.5(a)(l)(iii)(D). As stated, the denial of the Form 1-539 is not 
appealable and we therefore lacked jurisdiction to adjudicate the Applicant's appeal. Because we 
rejected the appeal, there is no decision issued by our office that may be reopened or reconsidered in 
this or any future motion proceeding. We do not have jurisdiction over motions seeking reopening or 
reconsideration in cases where the underlying decision was not appealable. 
A motion that does not meet applicable requirements shall be dismissed. 8 C.F.R. § 103.5(a)(4). 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed. 
1 The regulation at 8 C.F.R. § 214.l(c)(S) states that "[w]here an applicant or petitioner demonstrates eligibility for a 
requested extension, it may be granted at the discretion of [USCIS]. There is no appeal from the denial of an application 
or extension of stay filed on Form I-129 or I-539."

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