dismissed
L-1A
dismissed L-1A Case: Real Estate Development
Decision Summary
The appeal was dismissed because it was considered moot. The petitioner had filed a second petition on the beneficiary's behalf which was approved, granting the beneficiary the L-1A status sought in the original petition.
Criteria Discussed
Foreign Company Doing Business U.S. Company Doing Business Managerial Or Executive Capacity Abroad Managerial Or Executive Capacity In The U.S.
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services In Re : 12485634 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 : FEB . 25, 2021 The Petitioner , a real estate development company , seeks to employ the Beneficiary as a chief executive officer under the L-lA nonirmnigrant visa classification for intracompany managers and executives . See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S .C. § 1101(a)(15)(L) . The Director of the California Service Center denied the petition concluding that the Petitioner did not establish that: (1) the foreign company is doing business abroad ; (2) the United States company is doing business in the U.S. ; (3) the Beneficiary has been employed abroad in a managerial or executive capacity; and (4) the Beneficiary would be employed in the United States in a managerial or executive capacity . U.S . Citizenship and Immigration Services (USCIS) records indicate that the petitioning employer filed another Form 1-129, Petition for a Nonimmigrant Worker , on the Beneficiary's behalf (with receipt numberl ~- USCIS records further indicate that this second petition was approved on January 5, 2021 , thereby granting the Beneficiary L-lA status until January 4, 2022. Because the Beneficiary in the instant petition has been approved for employment with the Petitioner based upon the filing of another petition , further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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.