dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was dismissed as moot. A review of USCIS records showed that the beneficiary had already been granted permanent resident status on October 23, 2009, making the issues in the proceeding moot.
Criteria Discussed
Qualifying Managerial Or Executive Capacity
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. " .. - Idet1l'tfying data deletecS to prevent dearly un~te4 invasion of personal p~ pUBLIC COP"" Dat~~s \ ~ 1\\\1. Office: TEXAS SERVICE CENTER IN RE: Petitioner: Beneficiary: FILE: U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services 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: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. ยง 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. 103.5(a)(1)(i). /'~~------/h . "-"t--- )" Perry Rhew / r () Chief, Administrative Appeals Office www.uscis.gov \ .. - DISCUSSION: The preference visa petition was denied on June 5, 2007 by the Director, Texas Service Center. 1 The petitioner subsequently appeal 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. At the time of filing the Form 1-140, the petitioner sought to hire the beneficiary as its president. 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 denied the petition based on the finding that the petitioner failed to establish that the beneficiary would be employed in the United States in a qualifying managerial or executive capacity. A review of the records of the U.S. Citizenship and Immigration Services indicates that this beneficiary was granted permanent resident alien status on October 23, 2009. 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 as moot. 1 The record indicates that two different petitions were filed by two different petitioners on behalf of the beneficiary. The subject of the instant proceeding is the 1-140 petition with receipt No. SRC0627953757.
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