dismissed
EB-1C
dismissed EB-1C Case: Business
Decision Summary
The appeal was dismissed as moot. The Administrative Appeals Office (AAO) found that the beneficiary had already been granted permanent resident status, which rendered the issues in the appeal irrelevant. The AAO did not review the merits of the director's revocation.
Criteria Discussed
Qualifying Relationship Between Foreign And U.S. Employers Qualifying Employment With The U.S. Entity In A Managerial Or Executive Capacity Qualifying Employment Abroad In A Managerial Or Executive Capacity Foreign Entity'S Ongoing Business Abroad
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" Identifying data deleted to prevent cle,'.rly unwarr;:wkd invuion ofp..:rsonal privac)' PUBLIC COpy DATE: JUL 1 3 2012 IN RE: Petitioner: Beneficiary: U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave. N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services OFFICE: TEXAS SERVICE CENTER PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b )(1 )(C) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(1 )(C) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. Thank you, PerryRbew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The preference visa petition was approved on March 16, 2004 by the Director, Texas Service Center. The record shows that the director issued a decision dated January 19, 2010 revoking the approval of this petition. The petitioner subsequently appealed this matter to the Administrative Appeals Office (AAO). The AAO will neither affirm nor overturn the director's decision. Rather, the appeal will be dismissed as moot. The petitioner was established as a corporation under the laws of Texas. It seeks to hire the beneficiary as its executive director. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.s.C. ยง 1153(b)(1 )(C), as a multinational executive or manager. The director revoked the petition after finding that the petitioner was ineligible based on four grounds. Namely, the director concluded that the record lacked credible evidence showing: (1) a qualifying relationship between the beneficiary's foreign and U.S. employers; (2) the beneficiary's qualifying employment with the U.S. entity in a managerial or executive capacity; (3) the beneficiary's qualifying employment abroad in a managerial or executive capacity; and (4) the foreign entity's ongoing business abroad. The records of U.S. Citizenship and Immigration Services indicate that this beneficiary was granted permanent resident status on April 22, 2010. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed.
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