dismissed L-1A

dismissed L-1A Case: Marble And Granite Sales

📅 Date unknown 👤 Company 📂 Marble And Granite Sales

Decision Summary

The appeal was dismissed as moot. A review of records showed that the beneficiary's application for permanent residence (Form I-485) had been approved, rendering the nonimmigrant petition issues irrelevant.

Criteria Discussed

Managerial Or Executive Capacity

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View Full Decision Text
U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W., Rm. 3000 
Washington, DC 20529 
Citizenship 
and Immigration 
File: SRC 05 148 50081 Office: TEXAS SERVICE CENTER Date: @C @ 5 
Petition: 
 Petition for a Nonimrnigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 1 101 (a)(15)(L) 
 < 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. A11 documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that ofice. 
SRC 05 148 50081 
Page 2 
DISCUSSION: The &rector, 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 beneficiary's employment as an L-1A 
nonimmigrant intracompany transferee pursuant to section lOl(a)(lS)(L) of the Immigration and Nationality 
Act (the Act), 8 U.S.C. fi llOl(a)(l5)(L). The petitioner is a Florida corporation engaged in the sale of 
marble and granite products. It states that it is an affiliate of Tracomal Mineracao, located in Serra, Brazil. 
The beneficiary was initially granted a one-year period of stay in L-1A status in order to open a new office in 
the United States. The petitioner now seeks to employ the beneficiary in the position of "Vice President - 
Sales/Sales Executive" for two additional years. 
The director denied the petition, concluding that the petitioner did not establish that the beneficiary would be 
employed in a qualifyng managerial or executive capacity under the extended petition. 
The petitioner subsequently filed the instant appeal. The director declined to treat the appeal as a motion and 
forwarded the appeal to he AAO for review. On appeal, counsel for the petitioner asserts that the beneficiary 
will be employed in a managerial or executive capacity and submits a brief and documentary evidence in 
support of this claim. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this 
petition has filed a Form 1-485, Application to Register Permanent Residence or Adjust Status, which was 
approved on November 1, 2006. While the petitioner has not withdrawn the appeal in this proceeding, it 
would appear that the beneficiary is presently a lawful U.S. permanent resident and the issues in this 
proceeding are moot. Therefore, the appeal is dismissed. 
ORDER: The appeal is dismissed as moot. 
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