dismissed
L-1A
dismissed L-1A Case: Investment Management
Decision Summary
The appeal was dismissed because the issue was considered moot. Subsequent to the filing of the appeal, the Beneficiary obtained lawful permanent resident status through a separate application process, which rendered the pursuit of the nonimmigrant L-1A visa unnecessary.
Criteria Discussed
Managerial Or Executive Capacity New Office Requirements
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U.S. Citizenship and Immigration Services In Re: 17572272 Appeal of Texas Service Center Decision Form 1-129, Petition for L-lA Manager or Executive Non-Precedent Decision of the Administrative Appeals Office Date : WL. 19, 2021 The Petitioner, describing itself as a company engaged in investment management, seeks to temporarily employ the Beneficiary as "Sales Director, Latin America" of its new office 1 in the United States under the L-lA nonimmigrant classification for intracompany transferees . See Immigration and Nationality Act section 101(a)(15)(L), 8 U.S.C. § l 101(a)(15)(L). The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Beneficiary would be employed in a managerial or executive capacity in the United States within one year of an approval of the petition . The matter is now before us on appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that a Form 1-140, Immigrant Petition for an Alien Worker filed on behalf of the Beneficiary was filed and approved before the instant appeal. USCIS records further show that a Form 1-485, Application to Register Permanent Residence or Adjust Status was approved subsequent to the filing of this appeal and that the Beneficiary was issued a Pennanent Resident Card on May 3, 2021. As the Beneficiary is presently a permanent resident, further pursuit of this matter is moot. ORDER: The appeal is dismissed. 1 The term "new office" refers to an organization which has been doing business in the United States for less than one year. 8 C.F.R. § 214.2(l)(l)(ii)(F) . The regulation at 8 C.F.R. § 214.2(1)(3)(v)(C) allows a "new office" operation no more than one year within the date of approval of the petition to support an executive or managerial position .
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