dismissed
L-1A
dismissed L-1A Case: Metallic Coatings
Decision Summary
The appeal was dismissed as moot. The AAO noted that a subsequent L-1A petition filed by the same petitioner for the same beneficiary had already been approved. Since the beneficiary could already obtain the requested immigration status, the issues in the current proceeding were moot.
Criteria Discussed
Sufficient Physical Premises
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U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A.3000 Washingtoll, DC 20529 ~dentifyhg data delecea to U.S. Citizenship prevent dearly unwanaoteo and Immigration Services indon of oerssnal W~CW p-c COPY File: LIN 05 013 52860 Office: NEBRASKA SERVICE CENTER Date: SEp 0 6 2006 Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. 4 1 101(a)( 15)(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. -2 .<- Robert Wiemann, Chief Administrative Appeals Office LIN 05 013 52860 Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary in the position of senior operation officer as an L- 1 A nonimmigrant intracompany transferee pursuant to section 10 1 (a)( 15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ji 1 10 1(a)(15)(L). The petitioner is a limited liability company organized under the laws of the State of Indiana and is engaged in the business of supplying metallic coatings for heat treatment furnaces. The petitioner claims a qualifying relationship with ., located in Japan. The director denied the petition concluding that the petitioner did not establish that the intended U.S. operation had secured sufficient physical premises to house the new office. 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 Citizenship and Immigration Services records indicates that this beneficiary is also the beneficiary of an approved L-1A nonirnmigrant petition filed by the same petitioner, valid from May 15, 2005 until May 15, 2008 (LIN 05 156 52574). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-1A 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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