dismissed L-1A

dismissed L-1A Case: Biotechnology

📅 Date unknown 👤 Company 📂 Biotechnology

Decision Summary

The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to a lawful permanent resident, which rendered the issues in the nonimmigrant L-1A proceeding irrelevant.

Criteria Discussed

Doing Business Managerial Or Executive Capacity

View Full Decision Text

MATTER OF R-B- INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: SEPT. 10, 2019
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a processor of biotech products, seeks to extend the Beneficiary's temporary
employment as its president under the L-lA nonimmigrant classification for intracompany
transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C.
§ 110l(a)(15)(L). The L-lA 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 Directo r of the California Service Center approved the petition, but then revoked that approval,
concluding that the record did not establish, as required, that: (1) the Petitioner is doing business, and
(2) the Petitioner will employ the Beneficiary in the United States in a managerial or executive
capacity. The matter is now before us on appeal.
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the Petitioner
filed an immigrant petition on behalf of this Beneficiary. USCIS approved that petition in January
2017. The Beneficiary filed Fonn 1-485, Application to Register Pennanent Residence or Adjust
Status, and USCIS approved that application in October 2017. While the Petitioner has not
withdrawn the appeal in this proceeding, it would appear that the Beneficiary is now a permanent
resident, and the issues in this proceeding are moot. Therefore, this appeal is dismissed.
ORDER: The appeal is dismissed as moot.
Cite as Matter of R-B- Inc., ID# 1069774 (AAO Sept. 10, 2019)

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