dismissed
L-1A
dismissed L-1A Case: Corporate Management
Decision Summary
The appeal was dismissed as moot. A review of records indicated that the beneficiary had already adjusted status to that of a U.S. permanent resident, rendering the request to extend nonimmigrant status irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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'demtifJ'hg dab &le~ Pmeu' clearly b~n ofm -~af Unw*mtec ON- PUBLIC COPY U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3042 Washington, DC 20529 U.S. Citizenship and Immigration File: WAC 05 006 50442 Office: CALIFORNIA SERVICE CENTER Date: ~[p 0 5 2066 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(] 5)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1101(a)(15)(L) ON 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. I Administrative Appeals Office WAC 05 006 50442 Page 2 DISCUSSION: The Director, California Service Center, denied the petition for a nonimmigrant visa. 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 employment of its presidentlchief executive officer as an L-1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The petitioner, a California corporation, claims to be a subsidiary of located in China. The petitioner has employed the beneficiary in L-1A status since December 2001 and now seeks to extend his status for three additional years. The director denied the petition concluding that the petitioner did not establish that the beneficiary would be employed in a primarily managerial or executive capacity under the extended petition. The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. On appeal, counsel for the petitioner disputes the director's findings and asserts that the beneficiary will be employed by the U.S. company in a qualifying managerial capacity. A review of Citizenship and Immigration Services (CIS) records indicates that the beneficiary in this case is also the beneficiary of an approved first preference employment-based immigrant petition filed by the instant petitioner, and has adjusted status to that of a legal U.S. permanent resident as of June 8, 2006. 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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