dismissed
L-1A
dismissed L-1A Case: Food Production
Decision Summary
The appeal was dismissed as moot. After filing the appeal, the petitioner filed a new petition for the same beneficiary, which was approved, making the current appeal unnecessary.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Citizenship and Immigration Services MATTER OF AยทFยท LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 26,2018 PET!TION: FORM l-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a food production company, seeks to temporarily employ the Beneficiary as its chief executive officer under the L-l A nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act section !01(a)(l5)(L), 8 U.S.C. ~ ll01(a)(l5)(L). The L-1A 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 Vermont Service Center denied the petition, concluding that the record did not establish that the Beneficiary would be employed in a managerial or executive capacity within one year of an approval of the petition. The matter is now before us on appeal. U.S. Citizenship and lmmi!,_'fation Services records show that, subsequent to the filing 'of the instant appeaL the Petitioner tiled a new Form 1-!29, Petition for a Nonimmigrant Worker, on the Beneficiary's behalf. That petition was approved and the Beneficiary was granted L-1A classification for the period October 19,2017, until October 18,2018. Because another L-1A petition tiled by the same petitioner has been approved for the Beneficiary, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Maller afA-r~ LLC, ID# I 095584 (AAO Mar. 26, 20!8)
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