dismissed L-1A

dismissed L-1A Case: Manufacturing

📅 Date unknown 👤 Company 📂 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

Sign up free to download the original PDF

View Full Decision Text
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. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.