dismissed L-1A

dismissed L-1A Case: Marketing And Advertising

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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

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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). 
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