dismissed
L-1A
dismissed L-1A Case: Computing Services
Decision Summary
The appeal was dismissed as moot. The AAO found that the appeal no longer had practical significance because the Beneficiary had already left the United States and USCIS had subsequently approved a new L-1A petition for the same Beneficiary.
Criteria Discussed
Managerial Capacity (Abroad) Managerial Capacity (U.S.)
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U.S. Citizenship and Immigration Services In Re: 9805142 Appeal of Texas Service Center Decision Form 1-129, Petition for L-lA Manager or Executive Non-Precedent Decision of the Administrative Appeals Office Date: SEPT. 3, 2020 The Petitioner, a provider of computing products and services, seeks to continue employing the Beneficiary as a delivery director under the L-lA nonimmigrant visa classification for intracompany managers and executives. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The Director of the Texas Service Center denied the petition. The Director concluded that, contrary to the Act and Department of Homeland Security regulations, the Petitioner did not demonstrate the Beneficiary's employment abroad, or proposed work in the United States, in the claimed, managerial capacity. USCIS records indicate that, before the appeal's filing, the Beneficiary left the United States. USCIS later approved a new L-lA petition by the Petitioner on behalf of the Beneficiary. Given these developments, the appeal no longer appears to retain practical significance. We will therefore dismiss the appeal as moot. See, e.g., Matter of Luis-Rodriguez, 22 l&N Dec. 747, 753 (BIA 1999) (holding that an administrative tribunal may dismiss an appeal as moot as a matter of prudence). ORDER: The appeal is dismissed.
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