dismissed
L-1A
dismissed L-1A Case: 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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identifyins data deleted to prevent c!eziljf ~nwarranted invasion of personal privac) 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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