dismissed L-1A

dismissed L-1A Case: Marble And Granite

📅 Date unknown 👤 Company 📂 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

Sign up free to download the original PDF

View Full Decision Text
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. 
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.