dismissed
L-1A
dismissed L-1A Case: Beauty Products
Decision Summary
The appeal was dismissed as moot. After the initial petition was denied, the petitioner filed a new Form I-129 petition for the same beneficiary, which was approved. Because the beneficiary was granted L-1A status through the subsequent petition, the AAO considered the appeal on the original denial to be moot.
Criteria Discussed
Managerial Capacity Executive Capacity
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MATTER OF C-B-S-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: OCT. 9, 2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a manufacturer and retailer of sustainable beauty products, seeks to temporarily employ the Beneficiary as its chief executive officer under the L-IA nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act section 10l(a)(l5)(L), 8 U.S.C. § l l0l(a)(lS)(L). The L-IA classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee to the United States to work temporarily in a managerial or executive capacity. The Director of the California Service Center denied the petition, concluding that the record did not establish that the Beneficiary was employed abroad in a managerial or executive capacity and that she would be employed in a managerial or executive capacity within one year of an approval of the petition. The matter is now before us on appeal. U.S. Citizenship and Immigration Services records indicate that, subsequent to the filing of the instant appeal, the Petitioner filed a new Form I-129, Petition for a Nonimmigrant Worker, on the Beneficiary's behalf. That petition was approved and the Beneficiary was granted L-IA classification for the period August 15, 2018, to August 14, 2019. Becaus~ another L-lA petition filed by the same Petitioner has been approved for the Beneficiary, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter oJC-B-S-, LLC, IO# 1712602 (AAO Oct. 9, 2018)
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