dismissed
EB-1C
dismissed EB-1C Case: Accounting
Decision Summary
The appeal was dismissed as moot. While this appeal was pending, a new I-140 petition was filed for the same beneficiary and was approved. Since the beneficiary has already obtained the requested classification as a multinational executive or manager, further pursuit of this appeal is unnecessary.
Criteria Discussed
Identity Of U.S. Employer Mootness
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: JUN. 11, 2024 In Re: 31161108 Appeal of Nebraska Service Center Decision Form 1-140, Immigrant Petition for Alien Workers (Multinational Managers or Executives) The Petitioner, a public accounting and management consulting firm, seeks to permanently employ the Beneficiary as an audit manager under the first preference immigrant classification for multinational executives or managers. See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. ยง 1153(b)(l)(C). This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in a managerial or executive capacity. The Director of the Nebraska Service Center denied the petition, concluding that the company named as the Petitioner on the Form 1-140, Immigrant Petition for Alien Worker, is not the Beneficiary's intended United States employer. 1 The matter is now before us on appeal pursuant to 8 C.F .R. ยง 103 .3. The record indicates that the Beneficiary of this petition is also the beneficiary of a new Form 1-140, which was filed by I Iwhile this appeal was pending. The Director approved that petition on March 7, 2024, and granted the Beneficiary classification as a multinational executive or manager under section 203(b)(l)(C) of the Act. As the Beneficiary has an approved Form 1-140 in the requested classification, further pursuit of this matter is moot. 2 ORDER: The appeal is dismissed. 1 Specifically,the Director concluded that the Beneficia 's intended U.S. em lo er would be The company named on the instant petition is The record reflects that the named Petitioner had legally changed its company name to approximately five years prior to the date of filing. 2 We dismiss the appeal as moot without prejudice. If the denial of this petition becomes an issue in relation to the adjudication of the Beneficiary's pending Form 1-485, Application to Register Permanent Residence or Adjust Status, we will reopen the matter sua sponte upon the Petitioner's request.
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