dismissed
L-1A
dismissed L-1A Case: Dry Cleaning
Decision Summary
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a permanent resident on December 23, 2004. This adjustment of status rendered the nonimmigrant L-1A petition and its subsequent appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity Mootness
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dIeted-toidentifyingdata e &eel \ any unwarranpreventc e l 1privacYinvasionofpersona PUBLICcopy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 u.S.Citizenship and Immigration Services File: SRC 04 022 50229 Office: TEXAS SERVICE CENTER Date: JUN 05 Z001 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(L) of the Immigration and Nationality Act, 8 U.S.C. ยง 1101(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. ~b~~"~n:'~~~f Administrative Appeals Office www.uscis.gov SRC 04 022 50229 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 AAO will dismiss the appeal. The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary in the position of chief executive officer as an L-l A nonimmigrant intracompany transferee pursuant to section 101(a )(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(l5)(L). The petitioner is a corporation organized under the laws of the State of Florida and allegedly operates a dry cleaning business. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in a primarily managerial or executive capacity. 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 Immigration Services records indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident on December 23, 2004. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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