dismissed L-1A Case: Restaurant/Hospitality

U.S. Department of Homeland Security 
20 Massachusetts Ave , N W , Rm. A3042 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
Services 
File: EAC 02 159 53748 Office: VERMONT SERVICE CENTER Date: 
Petition: Petition for a Nonirnmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration 
and Nationality Act, 8 U.S.C. 8 1101(a)(15)(L) 
IN 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 further inquiry must be made to that office. 
- a 
Robert P. Wiemann, Director 
Administrative Appeals Office 
EAC 02 159 53748 
Page 2 
DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimrnigrant visa. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will dismiss the appeal. 
The petitioner filed this nonirnmigrant petition seeking to employ the beneficiary as an L-1A nonimmigrant 
intracompany transferee 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 petitioner is a corporation organized in the State of New Jersey that claims to 
operate a restaurant, a catering business and a health clublspa. The petitioner's 2001 IRS Form 1120, U.S. 
Corporation Income Tax Return identifies it as a holding company with three subsidiaries. The petitioner 
claims that it is the affiliate of located in~he 
petitioner seeks to employ the beneficiary as its ac~ountin~lfinancial manager. 
The director denied the petition concluding that the beneficiary would not be employed in a primarily 
executive or managerial capacity. 
The petitioner subsequently filed an appeal. The director declined to treat the appeal as a motion and 
forwarded the appeal to the AAO for review. On appeal, counsel for the petitioner explains that the petitioner 
filed the instant petition for the sole purpose of seeking an amended Form 1-797 Approval Notice for a 
previously approved petition filed by the petitioner on behalf of the beneficiary for the same position. 
Counsel claims that the director erroneously issued a denial, "ignoring the fact that this petition has already 
been approved and continuing to ignore and disregard the beneficiary's request for a change of status." 
Counsel requests that the decision be withdrawn and a proper Form I-797A Approval Notice be issued. 
A review of the Citizenship and Immigration Services (CIS) records indicates that this beneficiary in this case 
is also the beneficiary of an approved immigrant petition, filed by the same employer, and has adjusted status 
to that of a permanent resident as of April 2, 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.