dismissed L-1A

dismissed L-1A Case: Metallic Coatings

📅 Date unknown 👤 Company 📂 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 
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 U.S. Citizenship 
prevent dearly unwanaoteo 
 and Immigration 
Services 
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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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