dismissed
L-1A
dismissed L-1A Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
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. 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.