dismissed
L-1A
dismissed L-1A Case: Marketing And Advertising
Decision Summary
The appeal was dismissed because the petition became moot. The Petitioner company filed for dissolution after submitting the petition, meaning it no longer exists as an active and legal U.S. entity capable of employing the Beneficiary or maintaining a qualifying relationship with a foreign company.
Criteria Discussed
Managerial Or Executive Capacity New Office Qualifying Relationship Active And Legal U.S. Entity
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re: 862298 Appeal of Vermont Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date: FEB. 5, 2020 PETITION: Form I-129, Petition for L-lA Manager or Executive The Petitioner, intending to operate as a marketing, advertising, and general consulting business, sought to temporarily employ the Beneficiary as the general manager of its new office I under the Lยญ IA nonimmigrant classification for intracompany transferees who are coming to be employed in the United States in a managerial or executive capacity. Immigration and Nationality Act (the Act) section 101(a)(15)(L) , 8 U.S.C. ยง 1101(a)(15)(L). The Director of the Vermont Service Center denied the petition concluding that the Petitioner did not establish, as required, that the Beneficiary was employed abroad and would be employed in the United States in a managerial or executive capacity. The matter is now before us on appeal. The Petitioner was incorporated under the laws of the State of Florida. After filing the petition, the Petitioner filed articles of dissolution and a notice of corporate dissolution with the Florida Department of State, effective October 6, 2017. 2 The Petitioner's dissolved status is material to its eligibility for the requested visa. Specifically, the Petitioner's dissolution indicates that it does not continue to exist as an intending employer, does not maintain a qualifying relationship with a foreign entity, and is not authorized to conduct business. See section 214(c)(l) of the Act; see also 8 C.F.R. ยงยง 214.2(1)(1)(ii)(G) and (1)(3). Because there is no active and legal U.S. entity, no bona fide job offer exists for the Beneficiary; therefore, the petition has become moot and the appeal must be dismissed. ORDER: The appeal is dismissed. 1 The term "new office" refers to an organization which has been doing business in the United States for less than one year. 8 C.F.R. ยง 214.2(1)(l)(ii)(F). The regulation at 8 C.F.R. ยง 214.2(1)(3)(v)(C) allows a "new office" operation no more than one year within the date of approval of the petition to support an executive or managerial position. 2 See http://search.sunbiz .or /In uir /Cor orationSearcb /SearchResultDetail?in ui e=Entit Name&directionT e=Initial &searcbN ameOrde (printout added to record February 5, 2020).
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.