dismissed
L-1A
dismissed L-1A Case: Retail
Decision Summary
The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted their status to that of a permanent resident on June 21, 2005, which rendered the issues in the nonimmigrant visa appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity Mootness
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identifying data deleted to prevent clcl +mwarranted invasion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 U. S. Citizenship and Immigration Services File: SRC 05 005 5 1994 Office: TEXAS SERVICE CENTER Date: '~bb - ;?JJ/j' Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. ยง I 10 1 (a)(] 5)(L) IN BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. AII documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. ~obefiiwiemann, Chief Administrative Appeals Office SRC 05 005 5 1994 Page 2 DISCUSSION: The Director, Texas 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 extend the employment of the beneficiary in the position of vice president and general manager as an L-IA 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 under the laws of the State of New Jersey and is allegedly operating a gas station and convenience store in Alabama. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed primarily in an executive or managerial capacity. The petitioner filed an appeal. The director declined to treat the appeal as a motion and forwarded the appeal to the AAO for review. A review of Citizenship and Immigration Services records indicates that this beneficiary is also the beneficiary of an approved immigrant petition and has adjusted status to that of a permanent resident on June 21,2005. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot.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.
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