dismissed L-1A

dismissed L-1A Case: Retail Management

📅 Date unknown 👤 Company 📂 Retail Management

Decision Summary

The appeal was dismissed as moot. The decision notes that the beneficiary had already adjusted their status to that of a lawful permanent resident through a separate immigrant petition, rendering further pursuit of the nonimmigrant L-1A visa unnecessary.

Criteria Discussed

Qualifying Relationship New Office

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MATTER OF 1-L-V-, LLC 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 3, 2018 
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, which operates hardware store franchises through subsidiaries, seeks to temporarily 
employ the Beneficiary as chief executive officer of its new office1 under the L-lA nonimmigrant· 
classification for intracompany transferees. Immigration and Nationality Act (the Act) 
section 101(a)(15)(L), 8 U.S.C. § 11 0l(a)(l5)(L). The L-lA classification allows a corporation or other 
legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee to the United 
States to work temporarily in a managerial or executive capacity. 
The Director of the Vermont Service Center approved the petition, but later revoked that approval, 
concluding that the record did not establish, as required, that a qualifying relationship exists between 
the Petitioner and the Beneficiary's foreign employer. 
U.S. Citizenship and Immigration Services records indicate that the petitioning employer filed an 
immigrant petition on the Beneficiary's behalf, receipt number SRC 16 904 06471, on August 24, 
2016. The Director of the Texas Service Center approved that petition on July 29, 2017. Based on 
that approval, the Beneficiary adjusted status to that of a U.S. lawful permanent resident as of 
November 18, 2017. 
Because the Beneficiary's status has been adjusted to permanent resident, further pursuit of the 
matter at hand is moot. 
ORDER: The appeal is dismissed. 
Cite as Matter of 1-L-V-, LLC, ID# 1690449 (AAO Oct. 3, 2018) 
1 The term "new office" refers to an organization which has been doing business in the United States for less than one 
year. 8 C.F.R. § 214.2(l}(l)(ii)(F). The regulation at 8 C.F.R. § 214.2(1){3)(v)(C) allows a "new office" operation no 
more than one year within the date of approval of the petition to support an executive or managerial position. 
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