dismissed
L-1A
dismissed L-1A Case: Business Management
Decision Summary
The appeal was dismissed as moot. The AAO noted that a subsequent L-1A petition for the same beneficiary had already been approved, providing the beneficiary with valid status and rendering the issues in the current appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity Doing Business In The U.S.
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identifyingdata deleted': preventclearlyunW8il ? ~I. . n of _~1Uda1 pat.lnvaSlO ~l~- PUBLICcopy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 u.S.Citizenship and Immigration Services 1 File: WAC 04 21350470 Office: CALIFORNIA SERVICE CENTER Date: JUl 06 2001 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.C. § 1 101(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. ~~--~~ Robe~ann, Chief Administrative Appeals Office www.uscis.gov WAC 04 213 50470 Page 2 DISCUSSION: The Director, California Service Center, denied the petition for a nonimmigrant visa. The matter is ~ow 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 the beneficiary in the position of president and general manager for a three-year period as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The petitioner is a corporation organized under the laws of the State of California. The director denied the petition concluding that the petitioner did not establish (1) that the beneficiary will be employed in a primarily managerial or executive capacity; or (2) that the petitioner has been "doing business" 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 Citizenship and Immigration Services records indicates that this beneficiary is also the beneficiary of an approved L-l A nonimmigrant petition filed by the same petitioner, valid from June 1, 2005 until May 31, 2008 (WAC 05 14254007). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-1A 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.
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