dismissed L-1A

dismissed L-1A Case: Education

📅 Date unknown 👤 Company 📂 Education

Decision Summary

The appeal was dismissed as moot. The AAO noted that the beneficiary was also the beneficiary of a separate, approved L-1A petition filed by the same petitioner, which was valid at the time of the decision. Therefore, the issues raised in the current appeal were considered moot.

Criteria Discussed

Managerial Or Executive Capacity

View Full Decision Text

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V.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
PUBLICCOpy
File: SRC 05 203 50526 Office: TEXAS SERVICE CENTER Date:
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) ofthe Immigration
and Nationality Act, 8 U.S.c. § 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.
-~~:~ . .
,r c·~·
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
SRC 05 203 50526
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.
at e ~""!4.'" I •• ~
The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary in the position of
director of communications as an L-IA nonimmigrant intracompany transferee pursuant to section
IOI(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.c. § I IOI(a)(l5)(L). The petitioner is
a corporation organized under the laws of the St f d school. The
petitioner claims a qualifying relationship with ," located in
Mexico.
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 beneficiaryof
an approved L-IA nonimmigrant petition filed by the same petitioner, valid from February 15, 2006 until
February 15,2009 (SRC 06 09253596). While the petitioner has not withdrawn the appeal in this proceeding, it
would appear that the beneficiary is either presently in L-IA status or is able to apply for the appropriate visa
abroad, and the issues in this proceeding are moot. Therefore, this appeal is dismissed.
ORDER: The appeal is dismissed as moot.

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