dismissed
L-1A
dismissed L-1A Case: Marble And Granite
Decision Summary
The appeal was dismissed as moot. The AAO noted that a subsequent L-1A petition for the same beneficiary by the same petitioner had already been approved, making the beneficiary eligible for L-1A status and rendering the issues in this appeal moot.
Criteria Discussed
Managerial Or Executive Capacity
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i-mng data deleted to prevent clearly unwarranted invasion of persud privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rrn. 3000 Washington, DC 20529-2090 U.S. Citizenship and Immigration File: EAC 08 023 5 1477 Office: VERMONT SERVICE CENTER Date: Petition: Petition for a Nonirnmigrant Worker Pursuant to Section 101 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 8 1 lOl(a)(lS)(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. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. 3 103.5 for the specific requirements. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $585. Any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen, as required by 8 C.F.R. 9 103.5(a)(l)(i). John F. Grissom, Acting Chief Administrative Appeals Office EAC 08 023 5 1477 Page 2 DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimrnigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed this nonimrnigrant visa petition seeking to employ the beneficiary as an L-1A nonimmigrant intracompany transferee pursuant to section 101 (a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. $ 1101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and is allegedly engaged in the marble and granite business. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in a primarily managerial or executive capacity. The petitioner filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the beneficiary of an approved L-1A nonimrnigrant petition filed by the same petitioner, valid from February 15, 2009 until February 15, 201 1 (EAC 09 062 51080). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-IA status or is able to apply for the appropriate visa abroad, and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed as moot.
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