dismissed
L-1A
dismissed L-1A Case: Garment Distribution
Decision Summary
The appeal was dismissed as moot. Although the Director initially denied the petition for failing to establish the beneficiary would be employed in a managerial or executive capacity, the petitioner filed a subsequent L-1A petition for the same beneficiary which was approved, rendering the appeal on the first denial irrelevant.
Criteria Discussed
Managerial Or Executive Capacity New Office Petition
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
.. U.S. Citizenship and Immigration Services MATTER OF A-&B-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 25,2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an importer and distributor of garments and accessories, seeks to temporarily employ the Beneficiary, as its chief executive officer under the L-1 A nonimmigrant classification for intracompany transferees. 1 See Immigration and Nationality Act section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(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 California Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary would be employed in the United States in an executive or managerial capacity under the extended petition. We will dismiss the appeal as moot. The Petitioner filed the present petition in October 2016, and the Director denied it on February 6, 2017. U.S. Citizenship and Immigration Services records show that the Petitioner later filed a second petition for the same classification, with receipt number in April 2017. This other petition was approved on May 19,2017. Because another L-1A petition from this employer has been approved for the Beneficiary, the appeal is moot. ORDER: The appeal is dismissed. Cite as Matter of A-&B-, LLC, ID# 604804 (AAO Sept. 25, 2017) 1 The Petitioner previously filed a "new office" petition on the Beneficiary's behalf which was approved for the period December I, 2015, until November 30, 2016. A "new office" is an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year. 8 C.F.R. § 214.2(1)( I )(ii)(F). The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation one year within the date of approval of the petition to support an executive or managerial position.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.