dismissed
L-1A
dismissed L-1A Case: Management
Decision Summary
The motion to reconsider or reopen was dismissed as moot. The beneficiary had already adjusted their status to that of a permanent resident, making the issues in the nonimmigrant L-1A proceeding no longer relevant.
Criteria Discussed
Doing Business Managerial Or Executive Capacity
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PUBLIC COpy identifying data deleted to prevent clearly unwarranted invasion of personal pri vacy File: SRC 03 060 50273 U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 u.s.Citizenship and Immigration Services n· , . · , . , ' , · . · · , · · · . · . · ·...·.·...·~,.....·.i(.t...... ::::1...:.....')7" ",,:' Office: TEXAS SERVICE CENTER Date: APR 0 5Z007 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. § 1101(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. --'-~ ..... . ~~.~ Robert P. Wiemann, Chief Administrative Appeals Office www.uscis.gov SRC 03 060 50273 Page 2 DISCUSSION: The Director, Texas Service Center, denied the petition for a nonimmigrant visa. The petitioner appealed this decision to the Administrative Appeals Office (AAO). The AAO dismissed this appeal on August 1, 2005. The petitioner filed a motion to reconsider or reopen the decision of the AAO. The motion will be dismissed as moot. The petitioner filed this nonimmigrant visa petition seeking to extend the employment of the beneficiary in the position of general manager as an L-IA nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The director denied the petition concluding that the petitioner failed to establish (l) that the petitioner is doing business; or (2) that the beneficiary would be employed primarily in a managerial or executive capacity. The AAO dismissed the subsequently filed appeal. The petitioner filed the instant motion to reconsider or reopen the AAO's decision. 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 January 4, 2006. While the petitioner has not withdrawn the instant motion, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this motion is dismissed. ORDER: The motion is dismissed as moot.
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