dismissed
L-1A
dismissed L-1A Case: Almond Processing And Packaging
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a permanent resident, which rendered the issues in the nonimmigrant visa proceeding moot.
Criteria Discussed
Managerial Or Executive Capacity Mootness
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U.S. Department of Homeland Security 20 Massachusetts Ave., N W , Rm. A3000 Wash~ngtcn, DC 20523 U. S. Citizenship and Immigration Services b7 File: WAC 05 007 50127 Office: CALIFORNIA SERVICE CENTER Date: DEC 5 2008 IN RE: Petitioner: Beneficiary: Petition: Petition for a onimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationali $ Act, 8 U.S.C. 5 1 10 1 (a)(15)(L) IN BEHALF OF PETLTIONEI~: SELF-REPRESENTED INSTRUCTIONS: This is the decision of the A inistrative Appeals Office in your case. All documents have been returned to the office that originaIly decid "f d your case. Any further inquiry must be made to that office. - - "-4 e* "- *I-- .e;" RO~~P. Wiernann, Chief Administrative Appeals Office WAC 05 007 50127 Page 2 DISCUSSION: The Service Center, denied the petition for a nonimmigrant visa. The matter is now before Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed ths nonibmigrant visa petition seeking to employ the beneficiary in the position of managing partner as an L-1A $onimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 IOl(a)(lS)(L). The petitioner is allegedly a partnership formed under the laws of the State of California and engaged in the business of almond processing and packaging. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed primarily in an executive or managerial capacity. The petitioner filed an appeal. ?he director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. A review of Citizenship and Iiqmgration Services records indicates that this beneficiary is also the beneficiary of an approved immigrant petition bd has adjusted status to that of a permanent resident on June 5,2006. While the petitioner has not withdrawn tlje appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issuqs in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is disrnisbed as moot.
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