dismissed
L-1A
dismissed L-1A Case: Business
Decision Summary
The appeal was dismissed as moot. A review of immigration records indicated that the beneficiary had already adjusted their status to that of a permanent resident, rendering the nonimmigrant petition irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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identify in y data Gcl rki! id prevent clealy unwarranko invasion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529-2090 File: SRC 02 169 5 1604 Office: TEXAS SERVICE CENTER Date: A~R Q 2 ~2009 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 8 1 10 1 (a)(15)(L) IN 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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. !$ 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. !$ 103.5(a)(l)(i). John F. ~r&om, Acting Chief Administrative Appeals Office d. SRC 02 169 51604 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimrnigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed this nonirnrnigrant visa petition seeking to extend the employment of its president as an L- 1 A nonimmigrant intracompany transferee pursuant to section 1 O 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 101 (a)(15)(L). The petitioner is a limited liability company organized under the laws of the State of Georgia. The director denied the petition concluding that the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or executive capacity in the United States. 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 immigrant petition and has adjusted status to that of a permanent resident on January 12, 2007 (SRC 05 029 50078). 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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