dismissed L-1A

dismissed L-1A Case: Oil Field Transportation

📅 Date unknown 👤 Company 📂 Oil Field Transportation

Decision Summary

The appeal was dismissed because the issues in the proceeding were deemed moot. The Beneficiary had become a permanent resident through a separate application, rendering a decision on the temporary L-1A petition unnecessary.

Criteria Discussed

Adequate Physical Premises For New Office One Year Of Qualifying Employment Abroad Managerial/Executive Capacity Abroad Managerial/Executive Capacity In The U.S.

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 9458047 
Appeal of California Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 26, 2020 
The Petitioner, which describes its business as "oil field transportation," seeks to temporarily employ 
the Beneficiary in the United States as chief operations officer of its new office1 under the L-lA 
nonimmigrant classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 101(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The L-lA classification allows a corporation or other 
legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee to the United 
States to work temporarily in a managerial or executive capacity. 
The Director of the California Service Center denied the petition, concluding that the record did not 
establish, as required, that: (1) the Petitioner had secured adequate physical premises for the new office; 
(2) a qualifying organization had employed the Beneficiary abroad for at least one continuous year during 
the three years immediately preceding the filing of the petition; (3) the Beneficiary was employed abroad 
in a managerial or executive capacity; and (4) the Petitioner will employ the Beneficiary in the United 
States in a managerial or executive capacity. The matter is now before us on appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that another 
petitioner filed an immigrant petition on behalf of this Beneficiary in September 2019. USCIS 
approved that petition in February 2020. The Beneficiary filed Form 1-485, Application to Register 
Permanent Residence or Adjust Status, and USCIS approved that application in August 2020. As a 
result, the Beneficiary is now a permanent resident, and the issues in this proceeding are moot. 
Therefore, we will dismiss the appeal. 
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. § 214.2(1)(1)(ii)(F). The regulation at 8 C.F.R. § 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.

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