dismissed
L-1A
dismissed L-1A Case: Food And Tour Services
Decision Summary
The appeal was dismissed because the issue was rendered moot. While the appeal was pending, the petitioner filed a new L-1A petition for the same beneficiary, which was approved. Since the beneficiary was already granted the requested status through the new petition, there was no longer a live issue for the AAO to decide upon.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Citizenship and Immigration Services MATTER OF G-L-1-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 5, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a food truck and tour bus service business, seeks to continue the Beneficiary's temporary employment as its deputy general manager under the L- lA nonimmigrant classification for intracompany transferees. Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The L-lA classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee to the United States to work temporarily in a managerial or executive capacity. The Director of the California Service Center denied the petition, determining that the Petitioner did not establish that the Beneficiary would be employed in a managerial or executive capacity under an extended petition. The matter is now before us on appeal. A review of U.S. Citizenship and Immigration Services records indicates that, in addition to filing this appeal, the Petitioner filed a new nonimmigrant petition on the Beneficiary's behalf: requesting L-lA classification. The new petition was approved and is valid until December 31, 2021, and the Beneficiary has been readmitted to the United States in L- lA status. While the Petitioner has not withdrawn its appeal, the issues in this proceeding are now moot as the Beneficiary is currently authorized to work for the Petitioner in the status requested. ORDER: The appeal is dismissed. Cite as Matter of G-L-1-, Inc., ID# 4535511 (AAO July 5, 2019)
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