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. The beneficiary had already adjusted status to that of a permanent resident through a separate immigrant petition, making the nonimmigrant petition no longer relevant.

Criteria Discussed

Managerial Or Executive Capacity Mootness

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PUBLICCOpy
U.S.Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
File: EAC 07 043 51438 Office: VERMONT SERVICE CENTER Date: DEC 0 3 2007
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. ยง 1101(a)(l5)(L)
IN BEHALF OF PETITIONER:
SELF-REPRESENTED
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~n:C~f
Administrative Appeals Office
www.uscis.gov
EAC 07 043 51438
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 extend the employment of its general manager
as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and
Nationality Act (the Act), 8 U.S.c. ยง 1101(a)(15)(L). The petitioner is a corporation organized under the laws
of the State of Florida and is allegedly an import/export business. The director denied the petition concluding
that the petitioner failed to establish that the beneficiary will be employed in a primarily managerial or
executive capacity in the United States.
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 October 11,2007 (SRC
06 139 52157). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the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.
ORDER: The appeal is dismissed as moot.
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