dismissed
L-1A
dismissed L-1A Case: General Trade
Decision Summary
The appeal was dismissed as moot. The AAO noted that the beneficiary was the subject of two subsequent, approved L-1A petitions filed by the same petitioner, making the issue in the current proceeding irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 kbnβ¬ifying data deleted to Pmvent cl LC., ly unwwted lavaon of personal privacy U.S. Citizenship and Immigration Services File: SRC 05 056 50833 Office: TEXAS SERVICE CENTER Date: SEP 0 5 20% Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 101 (a)(15)(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. - .... r, 4L- Robert P. Wiemann, Chief Administrative Appeals Office SRC 05 056 50833 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 employ the beneficiary in the position of general manager as an L-1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and neral trade of merchandise. The petitioner claims a qualifying relationship with located in the United Arab Emirates. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in the United States 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 Citizenshp and Immigration Services records indicates that this beneficiary is also the beneficiary of two approved L-1A nonimrnigrant petitions subsequently filed by the same petitioner, valid from April 21,2005 until April 20, 2006 (SRC 05 130 51020) and April 20, 2006 until April 19, 2008 (EAC 06 143 50142) respectively. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-1A 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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