dismissed
EB-1C
dismissed EB-1C Case: Business Management
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted to permanent resident status through a different approved immigrant petition filed by the same employer. Since the beneficiary had already obtained the immigration benefit sought, the issues in this specific appeal were no longer relevant.
Criteria Discussed
Qualifying As Executive Or Manager
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U.S. Department of Homeland Security identifying data deleted to 20 Mass, R~. ~3042 Washington, DC 20529 prevent clearly unwarranted invasion of personal ~fivacy U. S. Ci tizenship and Immigration Services Pm~~c copy FILE: SRC 03 047 52379 OFFICE: TEXAS SERVICE CENTER Date: NOV 9 PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. 8 1 153(b)(l)(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. dministrative Appeals Office SRC 03 047 52379 Page 2 DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner filed this immigrant petition seeking to employ the beneficiary as its president. Specifically, the petitioner endeavors to classify the beneficiary as an employment-based multinational executive or manager pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(C). On appeal, the petitioner asserts that the beneficiary qualifies as an executive or manager under the statutory definition contained at sections 101 (a)(44)(A) and (B) of the Act. A review of CIS records indicates that this beneficiary is also the beneficiary of an approved immigrant petition, filed by the same employer, and has adjusted status to that of a permanent resident status as of June 30, 2005. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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.
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