dismissed
L-1A
dismissed L-1A Case: Audio/Visual Equipment
Decision Summary
The appeal was dismissed as moot. According to USCIS records, the beneficiary had already adjusted their status to that of a permanent resident, which rendered the nonimmigrant petition and its appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Homeland Security 20 Mass. Ave., NW, Rm. A3000 Washington, DC 20529 U.S. Citizenship and Immigration Services File: WAC-04-212-50754 Office: CALIFORNIA SERVICE CENTER Date: SEP 0 7 2006 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 8 1101 (a)(15)(L) IN BEHALF OF PETITIONER: SELF-REPRESENTED 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. ,', ,- RobW. Wiemann, Chief Administrative Appeals Office WAC-04-212-50754 Page 2 DISCUSSION: The nonirnmigrant visa petition was denied by the Director, California Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner is described as a marketer for audio and visual equipment. It seeks to extend its authorization to employ the beneficiary temporarily in the United States as its vice president. The director determined that the petitioner had not established that the beneficiary had been or would be employed in a primarily managerial or executive capacity. On appeal, the petitioner argues that the beneficiary qualifies as an executive under the definition contained in 8 C.F.R. $ 214.2(1). A review of the records of the Citizenship and Immigration Services indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident as of May 20, 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 While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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