dismissed
L-1A
dismissed L-1A Case: Juice Manufacturing
Decision Summary
The director initially denied the petition, finding the petitioner had not established the beneficiary would be employed in a primarily managerial or executive capacity. The AAO dismissed the appeal as moot, noting that the beneficiary had already adjusted status to a permanent resident through a separate petition filed by the same employer, rendering the nonimmigrant petition issues irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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i~~fying data Webed U, prevent ckeady mwa- bwdmPlRcY U.S. Departmenl of Homeland Security 20 Mass N W, Kin. A3042 Washington, DC 20529 U. S. Citizenship and Immigration PUBLIC COPY -. , 4% FILE: SRC 03 076 50775 Office: TEXAS SERVICE CENTER Date: JON g 9 2005 PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(] 5)(L) of the Immigration and Nationality Act, 8 U.S.C. fi 1 I0 l (a)(I S)(L) ON 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. c o ert P. Wiemann, Director ffminirtrative Appeals Office SRC 03 076 50775 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 appeal will be dismissed. The petitioner filed this nonimmigrant petition seeking to extend the employment of its general manager as an L-1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)(l 5)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 6 1 10l(a)(15)(L). The petitioner is a branch office of a South African corporation that is engaged in the manufacturing and marketing of fruit juices. The petitioner now seeks to extend the beneficiary's stay in the United States for three years. The director determined that the petitioner had not established that the beneficiary had been or would be employed in a primarily managerial or executive capacity. On appeal, the petitioner argues that the beneficiary qualifies as an executive under the definition contained in 8 C.F.R. 5 214.2(1). A review of CIS records indicates that this beneficiary is also the beneficiary of an approved immigrant petition, filed by the same employer, and has adjusted status to that of a permanent resident status as of March 4, 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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