dismissed
L-1A
dismissed L-1A Case: Insurance
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary was already the beneficiary of a separate, approved L-1A petition with a related company. Furthermore, public records indicated that the petitioner company's corporate status was inactive.
Criteria Discussed
Employment In A Primarily Managerial Or Executive Capacity U.S. Company Doing Business For The Previous Year
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529 identifLing data deleted to prev~tcI~3;~~~~ ,:3~warranted U.S. Citizenship and Immigration invasion of personal privacy Services PUBLIC copy File: SRC 04 145 52423 , Office: TEXAS SERVICE CENTER Date: SEP 2 9 2006 IN RE: Petition: Petition for a Nonimmigrant worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration I and Nationality Act, 8 U.S.C. 4 1 10 1 (a)(l5)(L) -ON >a 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. 44 Robert P. Wiemann, C Administrative Appeals Office b ,I ri * . SRC 04 145 52423 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa, and affirmed the decision on a subsequent motion to re-consider. The matter is now before the Administrative Appeals Office (MO) on appeal. The MO will dismiss the appeal. The petitioner filed this nonimmigrant petition seeking to extend the employment of its president as an L-1A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 8 1 10 1 (a)(15)(L). The petitioner is a Florida limited liability company that claims to do business as an insurance underwriting management provider. The petitioner states that it is the subsidiary 0- C.A., located in Caracas, Venezuela. The beneficiary was initially granted a one-year period in L-1A classification in order to open a new office in the United States, and the petitioner now seeks'to extend the beneficiary's status. The director denied the petition on May 18, 2004, concluding that the petitioner did not establish: (1) that the beneficiary would be employed in the United States in a primarily managerial or executive capacity; or (2) that the U.S. company had been doing business for the previous year. The petitioner subsequently filed a motion to re-consider. The director granted the petitioner's motion and affirmed the denial of the petition in a decision dated July 10,2004. ' The petitioner subsequently filed the instant appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. A review of U.S. Citizenship and Imrmgration Services (USCIS) records indicates that this beneficiary is also the beneficiary of an approved L-1A nonimrnigrant petition filed by an apparently related petitioner, B - valid from June 2, 2005 until June 2,2007 (SRC 05 166 51330).' 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. ' It is further noted that a review of the Florida Department of State's public records (hm://www.sunbiz.org) shows the corporate status of the instant petitioner as "inactive" as of September 15,2006.
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.