dismissed
L-1A
dismissed L-1A Case: Investments And Management
Decision Summary
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a permanent resident on June 14, 2005, making the issues in the L-1A nonimmigrant petition proceeding no longer relevant.
Criteria Discussed
Doing Business Managerial Or Executive Capacity
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 U.S. Citizenship and Immigration Services File: SRC 04 241 52055 Office: TEXAS SERVICE CENTER Date: -- . JN RE: Petitioner: '< . i Beneficiary: I Petition: , Petition for a Nonirnrnigrant Worker Pursuant to Section 10l(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 1 10 1 (a)(15)(L) 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. - - --. ,&- ----- -- > /---/.A- ~'0'62YY~.-~lernann, Chief Administrative Appeals Office SRC 04 241 52055 Page 2 DISCUSSION: The Director, Texas 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 the beneficiary in the position of president as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(l5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 3 1101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Texas and is allegedly in the business of "investments and management." The director denied the petition concluding that the petitioner did not establish that (1) the United States or the foreign entity were doing business as defined in the regulations; or (2) the beneficiary will be employed in a primarily managerial or executive capacity. 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 June 14,2005. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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