dismissed
L-1A
dismissed L-1A Case: Computer Software
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which rendered the issues in the nonimmigrant petition proceeding moot.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration PUBLIC COPY >% 7 File: SRC 04 069 50342 Office: TEXAS SERVICE CENTER Date: MAY 0 4 2006 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 9 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. dministrative Appeals Office SRC 04 069 50342 Page 2 DISCUSSION: The director, Texas Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner states that it is engaged in the computer software business. The petitioner filed this nonimmigrant petition seeking to extend its authorization to employ the beneficiary temporarily in the United States as its president pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(L). The director denied the pktition, concluding that the petitioner has failed to establish that the beneficiary will be employed in a primarily managerial or executive capacity. On appeal, counsel for the petitioner disagrees with the director's decision and asserts that the record and prior L-1A approvals indicate that the beneficiary has been and will be employed by the petitioner in a managerial capacity. A review of the records of the Citizenship and Immigration Services indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident as of January 1 1,2005. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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