dismissed
L-1A
dismissed L-1A Case: General Merchandise Retail
Decision Summary
The appeal was dismissed as moot for two primary reasons. First, the beneficiary had already adjusted their status to that of a permanent resident, making the nonimmigrant petition unnecessary. Second, the petitioning company's corporate status was no longer in good standing, meaning it was not a legal entity that could file a petition.
Criteria Discussed
Managerial Or Executive Capacity Mootness Due To Adjustment Of Status Petitioner'S Corporate Status
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identifying data deleted to prevent clearly znwmted invasion of personal privacy U.S. Department of Homeland Seeurity 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 U. S. Citizenship and Immigration Services File: SRC 04 215 5 1387 Office: TEXAS SERVICE CENTER Date: ~CT 3 ~l~f Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(l 5)(L) of the Immigration and Nationality Act, 8 U.S.C. $ 1 10 l(aX1 SXL) 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. Administrative Appeals Offlice SRC 04 215 51387 Page 2 DISCUSSION: The Director, Texas 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 extend the employment of the beneficiary in the position of directorlpresident as an L-1A nonimmigrant intracompany transferee pursuant to section 10 l(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1 lOl(a)(l SXL). The petitioner is a corporation organized under the laws of the State of Texas and is allegedly a retailer of general merchandise. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in a primarily managerial or 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 immigrant petition and has adjusted status to that of a permanent resident on June 28,2005. 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, this appeal is dismissed. Moreover, according to Texas state corporate records, the petitioner's corporate status in Texas is not in good standing. Therefore, as the State of Texas has forfeited the petitioner's corporate privileges, the company can no longer be considered a legal entity in the United States. As this clearly and unequivocally renders the petitioner ineligible for the classification sought, the issues raised on appeal are moot. Therefore, the appeal is also dismissed for this reason. ORDER: The appeal is dismissed as moot.
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