dismissed EB-1C

dismissed EB-1C Case: Computer Hardware

📅 Date unknown 👤 Company 📂 Computer Hardware

Decision Summary

The appeal was dismissed because the issue was rendered moot. A subsequent immigrant petition filed on the beneficiary's behalf was approved, and the beneficiary successfully adjusted their status to a lawful permanent resident, eliminating the need for a decision on this appeal.

Criteria Discussed

Managerial Or Executive Capacity

View Full Decision Text

.
MATTER OF M-E- CORP.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: JAN. 9, 2019
APPEAL OF NEBRASKA SERVICE CENTER DECISION
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a supplier of computer equipment and hardware, seeks to permanently employ the
Beneficiary as its sales account 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. § l l 53(b)(l)(C). This classification allows a U.S. employer to
permanently transfer a qualified foreign employee to the United States to work in an executive or
managerial capacity.
The Director of the Nebraska Service Center denied the petition concluding that the Petitioner did
not establish, as required , that the Beneficiary ' s employment in the United States would be in a
managerial or executive capacity.
U.S. Citizenship and Immigration Services records indicate that the petitioning employer later filed
another immigrant petition on the Beneficiary ' s behalf (with receipt number ) on
November 22, 2016. The Director of the Texas Service Center approved that petition on November
30, 2016. Based on that approval, the Beneficiary adjusted status to that of a U.S. lawful permanent
resident as of February 26, 2018.
Because the Beneficiary's status has been adjusted to permanent resident, further pursuit of the
matter at hand is moot.
ORDER: The appeal is dismissed.
Cite as Matter of M-E- Corp., ID# 1956622 (AAO Jan . 9, 2019)

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