dismissed L-1A

dismissed L-1A Case: Music

📅 Date unknown 👤 Company 📂 Music

Decision Summary

The appeal was dismissed as moot. The beneficiary had already adjusted his status to that of a U.S. permanent resident through a separate employment-based immigrant visa petition, rendering the current nonimmigrant petition to extend his L-1A status irrelevant.

Criteria Discussed

Managerial/Executive Capacity

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PI 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office ofAdministrative Appeals, MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
File: EAC 08 037 50458 Office: VERMONT SERVICE CENTER Date: JUN 1 7 2009 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. $ 1 101 (a)(15)(L) 
ON 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. 9 103.5 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. fi 103.5(a)(l)(i). 
ohn F. Grissom 
Acting Chief, Administrative Appeals Office 
- 
 " EAC 08 037 50458 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonirnmigrant 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 seelung to extend the employment of its president as an L- 
1 A nonimmigrant intracompany transferee pursuant to section 1 O 1(a)(15)(L) of the Immigration and 
Nationality Act (the Act), 8 U.S.C. 8 1101(a)(15)(L). The petitioner, a Florida corporation, is a provider of 
background music. The petitioner has employed the beneficiary in L-1A status since 2002 and now seeks to 
extend his status for one additional year. 
The director denied the petition on December 31, 2007, concluding that the beneficiary would not be 
employed in the United States in a primarily managerial or executive capacity. On appeal, counsel for the 
petitioner objects to the director's determination and asserts that the beneficiary will be performing primarily 
executive duties. 
A review of U.S. Citizenship and Immigration Services records indicates that ths beneficiary is also the 
beneficiary of an approved employrnent-based immigrant visa petition filed by the petitioner. The beneficiary 
adjusted status to that of a U.S. permanent resident as of March 14, 2008. While the petitioner has not 
withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a lawful permanent 
resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: 
 The appeal is dismissed as moot. 
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