dismissed
L-1A
dismissed L-1A Case: 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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~"'deIeted topreventd~1y t:l'JWmanted ..... of)Jll'lOQl1privay 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 While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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