dismissed
L-1A
dismissed L-1A Case: Freight Forwarding
Decision Summary
The appeal was dismissed as moot. A review of records indicated that the beneficiary was the subject of another, subsequently approved L-1A petition filed by the same petitioner. This approval rendered the issues in the current proceeding moot.
Criteria Discussed
Managerial Or Executive Capacity
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ktenti~ dItadekRdto preventcleerly unw~ted invasionof perIOOI1privacy PUBLIC COpy u.s.Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 u.s.Citizenship and Immigration Services File: EAC 07 002 52816 Office: VERMONT SERVICE CENTER Date: SEP '1 6 2001 IN RE: 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) 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. -~ ~..'- -''' .. ~.,,- Robert ~~, Chief Administrative Appeals Office www.uscis.gov EAC 07 002 52816 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 visa petition seeking to employ the beneficiary in the position of operations manager as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and is allegedly a freight forwarding business. The director denied the petition concluding that the petitioner did not establish that the beneficiary "has been and would be employed in either a managerial or an 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 beneficiary of an approved L-l A nonimmigrant petition filed by the same petitioning organization, valid from July 16, 2007 until July 14, 2010 (EAC 07 204 52140). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-l A status or is able to apply for the appropriate visa abroad,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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