dismissed
L-1A
dismissed L-1A Case: Construction
Decision Summary
The appeal was dismissed as moot. The AAO found that a subsequent L-1A petition for the same beneficiary and petitioner had already been approved, making the beneficiary eligible for or already in L-1A status. Therefore, the issues in this proceeding were no longer relevant.
Criteria Discussed
Sufficient Physical Premises For A New Office Qualifying Relationship With The Foreign Entity Ability Of The U.S. Operation To Support A Managerial Or Executive Position Within One Year
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washngton, DC 20529 U. S. Citizenship and Immigration File: SRC 05 254 5 1898 Office: TEXAS SERVICE CENTER Date: I DEC 8 5 2086 IN RE: Petitioner: Beneficiary: Petition: Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 3 1 10 l(a)(15)(L) This is the decision of the Appeals Office in your case. All documents have been returned to the office that originally Any further inquiry must be made to that office. < >" -//&--- Robert P. Wiemann, Chief Administrative Appeals 0ffibe SRC 05 254 5 1898 Page 2 DISCUSSION: The Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed this n ant visa petition seelung to employ the beneficiary in the position of chief executive officer to open a ffice as an L-1A nonimmigrant intracompany transferee pursuant to section 1 0 1 (a)( lS)(L) of the Imm d Nationality Act (the Act), 8 U.S.C. $ 1101(a)(lS)(L). The petitioner is a limited liability comp d under the laws of the State of Georgia and is allegedly a construction company. ' The director denied the petitdon concluding that the petitioner did not establish that (1) the intended United States operation had secured sufficient physical premises to house the new office; (2) the petitioner has a qualifying relationship with t 6 e foreign entity; or (3) the United States operation, within one year of approval of the petition, will support a panagerial or executive position. 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 Ijmmgration Services records indcates that this beneficiary is also the beneficiary of an approved L-1A nonimmi ant petition filed by the same petitioner, valid from January 20,2006 until January 20, 2007 (SRC 06 040 5318 "S ). 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 proceed$g are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dis4ssed as moot. 'It should be noted that petitioner identified itself as A.J. Tracy & Sons Construction in the original petition. According to state corporate records, the petitioner changed its name to A.J. Tracy Construction LLC on
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