dismissed L-1A

dismissed L-1A Case: Import/Export

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Import/Export

Decision Summary

The appeal was dismissed as moot. USCIS records indicated that the beneficiary had already adjusted her status to a U.S. permanent resident through a separate family-based petition, making the nonimmigrant petition no longer relevant.

Criteria Discussed

Managerial Or Executive Capacity

Sign up free to download the original PDF

View Full Decision Text
V.S. Department of lIomciand Sl~curil~ 
U.S. Citil.cnship and Immigr'ILloll SL"!"\"llT" 
Administrative t\ppc"<lls Office (A .. \().l 
20 Massachusc-lts Ave .. "\;.\\1., \IS 2()!J(l 
Wasilin2.tofl. DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
DATE NOV 0 ! 2Qll Office: CALIFORNIA SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section IOI(a)(lS)(L) of the Immigration 
and Nationality Act, 8 U.s.C. ยง I 101 (a)(lS)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents 
related to this matter have been returned to the office that originally decided your case. Please be advised that 
any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Thc 
specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.S. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion. 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.S(a)(l)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
.. 
'- erry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, California Service Center, denied the petition for a nonimmigrant visa. The 
matter is now hefore the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonimmigrant petition seeking to classify the beneficiary as a nonimmigrant 
intracompany transferee pursuant to section 10 l(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 
U.S.c. ยง llOl (a)( 15)(L). The petitioner, a California corporation, states that it is engaged in the import and 
export of general merchandise. It claims to be a subsidiary of Sunshine Jiayu Golden Hotel Beijing Co., Ltd., 
located in China. The beneficiary was previously granted L-I A classification for a period of one year in order 
to open a new office in the United States. The petitioner seeks to extend the beneficiary's employme11l in the 
general manager for a period of three years. 
The director denied the petition on June II, 2009, concluding that the petitioner failed to establish that the 
beneficiary would be employed in the United States in a qualifying managerial or executive capacity. The 
petitioner filed a timely appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this 
petition was also the beneficiary of an approved family-based immigrant petition (Form 1-130) and that she has 
adjusted status to that of a U.S. permanent resident as of September 8, 2011. While the petitioner has not 
withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a lawful permanent 
resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed. 
Using this case in a petition? Let MeritDraft draft the argument →

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.