dismissed
L-1A
dismissed L-1A Case: Manufacturing
Decision Summary
The appeal was dismissed as moot because the AAO found that the U.S. petitioning corporation had been dissolved. Since a qualifying U.S. employer must exist to employ the beneficiary, the dissolution of the company rendered the beneficiary ineligible for the classification. The initial denial was based on Iranian economic sanctions, but the dissolution of the petitioner made the appeal moot.
Criteria Discussed
Existence Of U.S. Entity Qualifying Organization Iranian Economic Sanctions
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration File: WAC 01 192 54206 Office: CALIFORNIA SERVICE CENTER Date: 3AY 2 1 2881 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 8 1101(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 fhrther inquiry must be made to that office. 5+-1 1 Robert P. Wiern , Chief \Administrative Appeals Office t WAC 0 1 192 54206 Page 2 DISCUSSION: The Director, California 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 filed this nonimrnigrant petition seeking to employ the beneficiary as an L-1A nonirnrnigrant intra-company transferee pursuant to section 101 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1 lOl(a)(lS)(L). The petitioner, a California corporation, is described as a manufacturer of heating and cooling technology products. The petitioner states that it is a subsidiary of the beneficiary's foreign employer, which is located in Iran. The petitioner seeks to employ the beneficiary as the production manager in its new office in the United States. The director concluded that the beneficiary is a native of Iran who would be coming to the United States to work as an employee of an Iranian business entity. Therefore, in accordance with the Executive Orders and regulations relating to Iranian economic sanctions, the director concluded that the beneficiary is not authorized to carry out activities in the United States as an intra-company transferee. The petitioner filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. It is noted that, according to California State corporate records, the petitioner's corporate status in California has been "dissolved." See htt~://keppler.ss.ca.gov/corpdata (last accessed May 16, 2007). Therefore, as the petitioner has voluntarily elected to wind-up its operations and has completely dissolved its business as a corporation, the company no longer exists and can no longer be considered a legal entity in the United States. It is hndamental to this nonimmigrant classification that there be a United States entity to employ the beneficiary. In order to meet the definition of "qualifying organization," there must be a United States employer. See 8 C.F.R. 214.2(1)(1)(ii)(G)(2). The dissolution of the U.S. company clearly and unequivocally renders the beneficiary ineligible for the requested classification. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the U.S. petitioner no longer exists, thus the issues in this proceeding are moot. ORDER: The appeal is dismissed as moot.
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