dismissed
L-1A
dismissed L-1A Case: Dentistry
Decision Summary
The appeal was dismissed because the underlying issue was deemed moot. The beneficiary had already adjusted their status to that of a U.S. permanent resident through a separate family-based petition, making the outcome of this nonimmigrant L-1A appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity Qualifying Relationship
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8- data dekM tu U.S. Department of flomeland Security U.S. Citizenship and Immigration Services Office ofAdministrafive Appeals, MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration Services FILE: WAC 04 094 54008 Office: CALIFORNIA SERVICE CENTER Date: FEB 2 0 2Gi0 PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 5 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider, as required by 8 C.F.R. ยง 103.5(a)(l)(i). M Terry Rhew 6 hief, Administrative Appeals Office WAC 04 094 54008 Page 2 DISCUSSION: The Director, California Service Center, initially approved the nonimrnigrant visa petition. The director subsequently issued a notice of intent to revoke and ultimately revoked approval of the petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner filed this nonimmigrant petition seeking to the beneficiary as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The petitioner, a California corporation, operates a dental office. The petitioner claims that it is an affiliate of Centro Dental, located in Tijuana, Mexico. The petitioner seeks to employ the beneficiary as its president for a period of one year. The nonimmigrant visa petition was approved on April 2, 2004. On September 1, 2004, the director issued a notice of intent to revoke the approval. The petitioner submitted rebuttal evidence on October 1, 2004. The director revoked the approval of the petition on October 21, 2004, concluding that the petitioner had not established that the beneficiary would be employed in the United States in a primarily managerial or executive capacity. On appeal, counsel for the petitioner asserts that the director's decision to revoke the approval of the petition was in error. A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the beneficiary of an approved family-based immigrant visa petition. The beneficiary adjusted status to that of a U.S. permanent resident as of October 27,2006. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a lawful permanent resident and the issues in this proceeding are moot. Therefore, thls appeal is dismissed. ORDER: The appeal is dismissed.
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