dismissed
L-1A
dismissed L-1A Case: 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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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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