dismissed L-1A

dismissed L-1A Case: Automotive Electronics

📅 Date unknown 👤 Company 📂 Automotive Electronics

Decision Summary

The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to that of a permanent resident through a separate petition filed by the same employer, rendering the issues in this nonimmigrant proceeding moot.

Criteria Discussed

Managerial Or Executive Capacity

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3000 
Washington, DC 20529 
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U. S. Citizenship 
and Immigration 
FILE: WAC-04- 19 1-50407. Office: CALIFORNIA SERVICE CENTER Date: JUL 1 7 2006 
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 : 
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 Mher inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
WAC-04-1 91 -50407 
Page 2 
DISCUSSION: The director, California Service Center, denied the nonirnmigrant visa petition. The matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is described as a wholesale and repair shop for car stereos. It seeks to extend its authorization 
to employ the beneficiary temporarily in the United States as its general manager. 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, counsel for the petitioner argues that the beneficiary qualifies as an executive and manager under 
the definitions contained in 8 C.F.R. 4 214.2(1). 
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 as of July 29, 
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 While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the 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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