dismissed
L-1A
dismissed L-1A Case: Electronics And Wholesale
Decision Summary
The motion was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a U.S. permanent resident as of March 15, 2006, through a separate petition from the same employer, rendering the issues in this nonimmigrant proceeding moot.
Criteria Discussed
Qualifying Relationship
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- U.S. Department of Homeland Security 20 Mass. Ave., NW, Rm. 3000 Washington, DC 20529 identifjting dau deleted to pent cleariy unwanand Mop of pe3swal pivac) PUBLIC copy File: WAC 03 094 50471 Office: CALIFORNIA SERVICE CENTER Date: NOV 2 2006 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 1 101(a)(15)(L) 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. , WAC 03 094 50471 Page 2 \ DISCUSSION: The nonimmigrant visa petition was denied by the Director, California Service Center. The matter is now before the Administrative Appeals Office (AAO) on a motion to reopen and reconsider. The motion will be dismissed. The petitioner claims to be in the electronics and wholesale business. It seeks to employ the beneficiary temporarily in the United States as its marketing manager as a nonirnrnigrant intracompany transferee (L- 1 A) pursuant to section 10 1 (a)(15)(L) of the Act (the Act), 8 U.S.C. 8 1 101 (a)(15)(L). The petitioner states that it is an affiliate of the beneficiary's foreign employer, located in Mexico. The director determined that the petitioner had not established that the petitioner and the foreign entity have a qualifying relationship. On motion, counsel for theypetitioner argues that the foreign entity and the U.S. entity are affiliates since the same individuals control both companies. Counsel submits a brief and new documentary evidence in support of the motion. A review of Citizenship and Immigration Services (CIS) records indicates that this beneficiary is also the beneficiary of an approved immigrant petition, filed: by tfie same employer, and has adjusted status to that of a U.S. permanent resident as of March 15, 2006. While the petitioner has not withdrawn the motion in this proceeding, it would appear that the beneficiajr is presently a permanent resident and the issues in this proceeding are moot. Therefore, this motion is bismissed. ORDER: The motion is dismissed as moot.
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