dismissed
L-1A
dismissed L-1A Case: Business Management
Decision Summary
The appeal was dismissed because the issues were considered moot. The beneficiary had already adjusted their status to that of a U.S. permanent resident through a separate approved employment-based immigrant petition, making the outcome of this nonimmigrant petition appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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PUBLIC COpy
DATE;
JUL 29 2011
IN RE: Petitioner:
Beneficiary:
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Adminimativc Aprca1\ OI'i'll'C (f\, \())
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Wasbin£loll. DC 2U529·209U
Office: CALIFORNIA SERVICE CENTER FILE:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)( IS)(L) of the
Immigration and Nationality Act, 8 U.s.C. § 1101(a)(l5)(L)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents
related to this matter have been returned to the office that originally decided your case. Please be advised that
any further inquiry that you might have concerning your case must be made to that office.
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The
specific requircmcnts for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion,
with a fee of $630. Please be aware that 8 C.F.R. § 103.5(a)(1 lei) requires that any motion must be filed
within 30 days of the decision that the motion seeks to reconsider or reopen.
Thank you,
Chief, Administrative Appeals Office
www.uscis.gov
DISCUSSION: The Director, Califomia Service Center, denied the nonimmigrant visa petition. The matter is
now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal.
The petitioner filed this nonimmigrant petition seeking to extend the beneficiary's L-IA status pursuant to
section IOI(a)(IS)(L) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1101(a)(IS)(L), as an
intracompany transferee employed in a managerial or executive capacity.
The director denied the petition on June 4, 2009, concluding that the petitioner failed to establish that the
beneficiary would be employed in the United States in a primarily managerial or executive capacity.
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this
petition was also the beneficiary of an approved employment-based immigrant petition (Form 1-140) filed by the
petitioner, and that he has adjusted status to that of a U.S. permanent resident as of August 3, 2009. While the
petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a
lawful permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed.
ORDER: The appeal is dismissed. Avoid the mistakes that led to this denial
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