dismissed
L-1A
dismissed L-1A Case: Machinery Installation And Maintenance
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which rendered the issues in the nonimmigrant petition proceeding irrelevant.
Criteria Discussed
Managerial Capacity Mootness
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identifying data deleted to prevent clearly unw- invasion of persond piprivacy PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 U. s. Citizenship and Immigration File: SRC 02 246 50024 Office: TEXAS SERVICE CENTER D7 Date: HAY 1 2 2m Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 9 1 10 1 (a)(15)(L) IN 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. i obert P. Wiemann, Chief I Administrative Appeals Office SRC 02 246 50024 Page 2 DISCUSSION: The director, Texas Service Center, denied the petition for a nonimrnigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner states that it is engaged in the installation and maintenance of machinery. The petitioner filed this nonirnrnigrant petition seeking to extend its authorization to employ the beneficiary temporarily in the United States as its manager pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The director denied the petition, concluding that the petitioner has failed to establish that the beneficiary will be employed in a primarily managerial capacity. On appeal, counsel for the petitioner disagrees with the director's decision and asserts that the director erred by not issuing a Request for Evidence (RFE) or Notice of Intent to Deny. A review of the records of the Citizenship and Immigration Services indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident as of July 13, 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 While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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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