remanded L-1A Case: Furniture Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re: 6578165 
Appeal of California Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : DEC. 11, 2019 
PETITION: Form I-129, Petition for L-lA Manager or Executive 
The Petitioner intends to operate a furniture upholstery, manufacturing, and repair company. It seeks 
to temporarily employ the Beneficiary as the general manager of its new office I under the L-lA 
nonirnmigrant classification for intracompany transferees who are coming to be employed in the 
United States in a managerial or executive capacity. Immigration and Nationality Act (the Act) 
section 101(a)(15)(L) , 8 U.S.C. § 1101(a)(15)(L). 
The Director of the California Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that: ( 1) it had secured sufficient physical premises at the time this petition was 
filed; (2) the Beneficiary was employed abroad in a managerial, executive, or specialized knowledge 
capacity; and (3) the Beneficiary would be employed in managerial or executive capacity in the 
proposed position with the U.S. entity. The Petitioner subsequently filed a motion to reconsider, which 
the Director dismissed. The matter is now before us on appeal. 
In these proceedings , it is the Petitioner's burden to establish eligibility for the requested benefit. 
Section 291 of the Act, 8 U.S.C. § 1361. Upon de nova review, we find that the Director did not 
properly assess the previously submitted evidence and therefore incorrectly dismissed the motion to 
reconsider. 
A motion to reconsider must establish that the prior decision was based on an incorrect application of 
law or U.S. Citizenship and Immigration Services (USCIS) policy and that the decision was incorrect 
based on the evidence in the record of proceedings at the time of the decision. 8 C.F.R . § 103.5(a)(3). 
A motion may be granted if it satisfies these requirements and demonstrates eligibility for the 
requested immigration benefit. 
The issue before us is whether the Director's decision to dismiss the Petitioner's motion to reconsider 
was correct. Upon review of the record, we find that the Director did not adequately consider the brief 
1 The term "new office" refers to an organization which has been doing business in the United States for less than one year. 
8 C.F.R. § 214.2(1)(1 )(ii)(F). The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation no more than 
one year within the date of approval of the petition to support an executive or managerial position. 
submitted in support of the motion to reconsider where the Petitioner correctly pointed to previously 
submitted evidence that contradicted the Director's findings. 
In light of the arguments made in the Petitioner's support brief, we find that the Petitioner adequately 
articulated reasons for reconsideration, thereby warranting that the motion to reconsider be granted so 
that a new decision can be made based on the merits of the submitted evidence. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for farther 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
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