dismissed L-1A

dismissed L-1A Case: Air Conditioning And Real Estate

📅 Date unknown 👤 Company 📂 Air Conditioning And Real Estate

Decision Summary

The appeal was dismissed as moot. The beneficiary had already adjusted their status to a U.S. permanent resident through a separate family-sponsored immigrant visa petition, making the nonimmigrant visa petition no longer relevant.

Criteria Discussed

Doing Business For One Year Managerial Or Executive Capacity

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View Full Decision Text
U.S. Department of Homeland Security 
20 Massachusetts Ave., N.W., Rm. 3000 
identifying d&dde!eted to 
Washington, DC 20529-2090 
prevent ctmrJly unwarranted 
wasion of persun d psivac)r 
 U.S. Citizenship 
and Immigration 
pmLlc copy 
Services 
File: SRC 02 239 5 1944 Office: TEXAS SERVICE CENTER Date: FEB 1 8 2009 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1 101 (a)(15)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
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. 3 103.5 for 
the specific requirements. All motions must be submitted to the office that originally decided your case by 
filing a Form I-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 or reopen, as required by 8 C.F.R. 3 103.5(a)(l)(i). 
inistrative Appeals Office 
b 
, 'EAC 08 014 52558 
' Page 2 
DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonimmigrant visa petition seeking to extend the employment of its president and 
chief executive officer as an L-1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)( 15)(L) 
of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The petitioner, a Florida 
corporation, states that it is an affiliate o located in Argentina. It claims to be engaged in air 
conditioning systems design and real estate development. The beneficiary was previously granted one year in 
L-1A nonimmigrant status in order to open a new office in the United States and the petitioner now seeks to 
extend his status for a period of two years. 
The director denied the petition concluding that the petitioner had failed to establish: (1) that it had been 
doing business for the previous year; and (2) that the beneficiary would be employed in a primarily 
managerial or executive capacity. 
On appeal, counsel asserts that the petitioner faced extraordinary circumstances which prevented it from 
executing its business plan. 
A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the 
beneficiary of an approved family-sponsored immigrant visa petition. The beneficiary adjusted status to that of a 
U.S. permanent resident as of January 7, 2005. While the petitioner has not withdrawn the appeal in this 
proceeding, it would appear that the beneficiary is presently a lawful 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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