dismissed L-1A

dismissed L-1A Case: Plastic Parts Distribution

📅 Date unknown 👤 Company 📂 Plastic Parts Distribution

Decision Summary

The appeal was dismissed as moot. The AAO noted that the beneficiary was already approved for L-1A status through a separate petition filed by the same petitioner, making the issues in the current proceeding irrelevant.

Criteria Discussed

New Office Requirements Adequate Physical Premises

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View Full Decision Text
U.S. Department of Homeland Security 
identieing d&a deleted to 
prevent clearly ~nw-ted 
invasion of persod priv~~ 
PUBLIC c~py 
20 Massachusetts Ave., N.W., Rm. 3000 
Washington, DC 20529-2090 
MAIL STOP 2090 
U.S. Citizenship 
and Immigration 
Services 
File: EAC 08 014 52558 Office: VERMONT SERVICE CENTER 
Datej~~ 3 0 2009 
IN RE: Petitioner: 
Beneficiary: 
Petition: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 9 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 originaIly decided your case. Any further inquiry must be made to that office. 
John F. Grissom, Acting Chief 
~dministrative Appeals Office 
EAC 08 014 52558 
Page 2 
DISCUSSION: The Director, Vermont 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 as an L-1A 
nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationali 
Act (the Act), 8 U.S.C. 8 1101(a)(15)(L). The petitioner, a South Carolina corporation, is an affiliate of dh 
, located in Brazil. The petitioner is a new office that intends to engage in 
the sale and distribution of plastic parts. It seeks to employ the beneficiary as its vice president for a three- 
year period. 
The director denied the petition concluding that the petitioner did not establish that it had secured adequate 
physical premises to house the new office, as required by 8 C.F.R. $ 214.2(1)(3)(v)(A) 
On appeal, counsel for the petitioner asserts that the director overlooked and misunderstood evidence 
submitted to establish that the U.S. company has secured adequate office and warehouse space needed to 
commence operations in the United States. 
A review of U.S. Citizenship and Immigration Services records indicates that this beneficiary is also the 
beneficiary of an approved L-1A nonimmigrant petition filed by the same petitioner, granting the beneficiary L- 
1A status valid from February 15, 2008 until February 14, 2009. 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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