dismissed L-1A Case: Electronics Import/Sales

U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
PUBLIC COpy
File: EAC 06 18851777 Office: VERMONT SERVICE CENTER Date: AUG 0 6 2007
INRE: 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. § 1101(a)(l5)(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.
Robert P. Wiemann, G ief
6dministrative Appeals Office
www.uscls.gov
EAC 06 18851777
Page 2
DISCUSSION: The Director, Vermont 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 president/branch
manager as an L-IA 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, states that it is engaged in the import and sale of electronic instruments, and claims to be a
subsidiary ofK-Won C&C Co., Ltd., located in Seoul, Korea.
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. The petitioner subsequently filed an appeal in
response to the denial. On appeal, counsel for the petitioner disputes the director's findings asserts that the
petitioner submitted sufficient evidence to establish that the beneficiary would be employed in a managerial
capacity.
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary in this
case is also the beneficiary of an approved first preference employment-based immigrant petition and has
adjusted status to that of a U.S. permanent resident as of October 24, 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withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident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, the appeal is dismissed.
ORDER: The appeal is dismissed as moot.