remanded
L-1A
remanded L-1A Case: Automotive
Decision Summary
The case was remanded because the Director failed to issue a written decision on the merits of the Form I-129 petition. The Director only issued a denial for the extension of stay, failing in the affirmative duty to explain the specific reasons for the underlying petition's denial.
Criteria Discussed
Procedural Requirement For Written Decision Extension Of Stay Vs. Petition Denial
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U.S. Citizenship and Immigration Services MATTER OF Y-1-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: APR. 25, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an automobile dealership, seeks to continue the Beneficiary's temporary employment as its finance manager under the L-lA nonimmigrant classification for intracompany transferees. Immigration and Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. ยง l 10l(a)(l5)(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 and issued a written decision denying the extension of stay the Petitioner requested on the Beneficiary's behalf When requesting an extension of a previously approved L-1 petition, a petitioner must apply for the petition extension and the beneficiary's extension of stay concurrently on Form 1-129, Petition for a Nonimmigrant Worker, and the service center director must make separate decisions on the merits of the petition and on the beneficiary's eligibility for an extension of stay. See 8 C.F .R. ยง 214.2(1)(1 S)(i). The Director issued a decision notifying the Petitioner that the requested extension of stay was denied because "[t]he nonimmigrant visa petition filed to extend classification of the beneficiary under section 10l(a)(l5)(L) has been denied"; however, the record reflects that the Director did not issue a written decision on the merits of the petition. When denying a petition, a director has an affirmative duty to explain the specific reasons for the denial. 8 C.F.R. ยง 103.3(a)(l)(i); see also Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that a decision must fully explain the reasons for denying a motion to allow the respondent a meaningful opportunity to challenge the determination on appeal). Here, the Director did not issue a written decision on the merits of the Form 1-129 and therefore did not perform this duty. Accordingly, the matter will be remanded to the Director for issuance of a decision. 1 1 We note that there is no appeal from the denial of an extension of stay filed on Form 1-129, which is granted or denied at the service center director's discretion. See 8 C.F.R. ยง 214.l(c)(5). However, the Petitioner is clearly seeking to appeal the denial of the underlying petition on its merits. Matter of Y-1-, Inc. ORDER: The decision of the Director is withdrawn. The matter is remanded for the entry of a new decision consistent with the foregoing analysis, which, if adverse, shall be certified to us for review. Cite asMatter ofY-1-, Inc., ID# 3158581 (AAO Apr. 25, 2019) 2
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