dismissed
L-1A
dismissed L-1A Case: Petrochemical Technology
Decision Summary
The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted status to a permanent resident as of July 13, 2004, through another petition with the same employer, making the issues in this nonimmigrant petition proceeding no longer relevant.
Criteria Discussed
Managerial Capacity Executive Capacity Essential Function Manager Specialized Knowledge Ability To Support Position
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security - $-p + **I-) ,g 2 > :I. vJ-$f$ d&& #3gl@[gQ &j 20 Mass. Rm. A3042,425 I Street. N.W. Washington, DC 20529 - ""*- *-w"i!'Yr, QWq?r&q +%:,G+%B~ 1.8 w?mma) +kypqr. U. S. Citizenship +Ji>$$ and Immigration 2, < <- * 44d $&, k.<yp 7 J L. FILE: EAC 03 15 1 52749 Office: VERMONT SERVICE CENTER Date: My \ 3 206 IN RE: Petitioner: Beneficia PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(I 5)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 l,lOl(aX15)(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 hrther inquiry must be made to that office. ? Robert P. Wiemann, Director bdministralive Appeals Ottlce EAC 03 151 52749 Page 2 DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Ofice (AAO) on appeal. The appeal will be dismissed. The petitioner states that it is a petrochemical technology licensing firm. It seeks to extend its authorization to employ the beneficiary temporarily in the United States as its cost control analyst, pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 5 1101(a)(15)(L). The director denied the petition, concluding that the petitioner has failed to establish that the beneficiary would be employed in a primarily managerial or executive capacity, or that the U.S. entity currently can support such a position. On appeal, counsel for the petitioner contends that the beneficiary qualifies as an intra-company transferee under the statute because she "manages an essential function within the organization." Counsel also asserts that the beneficiary possesses "specialized knowledge" of the' company and the industry. A review of the records of the Citizenship and Immigration Services indicates that this beneficiary is also the beneficiary of an approved immigrant petition, filed by the same employer, and has adjusted status to that of a permanent resident status as of July 13, 2004. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed as moot.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.