dismissed L-1A

dismissed L-1A Case: Automotive Engineering

📅 Date unknown 👤 Company 📂 Automotive Engineering

Decision Summary

The appeal was dismissed as moot. A separate L-1A petition filed by the same petitioner for the same beneficiary had already been approved, covering the same time period. Because the beneficiary had already been granted the requested status through another case, the issues in this appeal were no longer relevant.

Criteria Discussed

Managerial Or Executive Capacity Mootness

View Full Decision Text

X
l\ : / ;;.
('\, .
\\, .. J,) "
~\~~
~'U8UCCOPY
idelltffyinl.... ·.tIAedto
preventcleit"l'vUfl~
invulODof pa..... privac)'
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.S.Citizenship
and Immigration
Services
File: LIN 06 07651838 Office: NEBRASKA SERVICE CENTER Date: FEB 08 2007
INRE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. § 1101(a)(l5)(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 further inquiry must be made to that office.
~:' 2"~) ~~
Robert P-:-Wiemann,Chief
Administrative Appeals Office
www.uscis.gov
LIN 06076 51838
Page 2
DISCUSSION: The Director, Nebraska 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 vice president,
business development as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of
the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(L). The petitioner is a branch office of
an Indian corporation, and is authorized to do business in the State of Illinois. The petitioner states that it is
engaged the development of engineering design solutions for the automotive industry. The beneficiary was
initially granted one year in L-l A classification in order to open a new office in the United States, and the
petitioner now seeks to extend his status for a two-year period, from March 20, 2006 until March 20, 2008.
The director denied the petition concluding that the petitioner did not establish that the beneficiary would be
employed in a primarily managerial or executive
The petitioner filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal
to the AAO for review.
A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the
beneficiary of an approved L-1A nonimmigrant petition filed by the same petitioner, granting the beneficiary an
extension of status from March 20,2006 until March 19,2008 (LIN 06 121 52925). While the petitioner has not
withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-IA status or
is able to apply for the appropriate visa abroad, and the issues in this proceeding are moot. Therefore, this appeal
is dismissed.
ORDER: The appeal is dismissed as moot.

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.