dismissed
L-1A
dismissed L-1A Case: Retail Technology
Decision Summary
The appeal was dismissed as moot. While this appeal was pending, the petitioner filed a new L-1A petition for the same beneficiary which was subsequently approved, granting the requested nonimmigrant status.
Criteria Discussed
Qualifying Relationship
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date : WL. 18, 2023 In Re: 27715514 Appeal of California Service Center Decision Form 1-129, Petition for a Nonimmigrant Worker (L-lA Manager or Executi ve) The Petitioner , a provider of point-of-sale products and solutions for the retail and food service industries , seeks to temporarily employ the Beneficiary as vice president, operations under the L-1 A nonimmigrant classification for intracompany transferees . See Immigration and Nationality Act section 101(a)(l5)(L) , 8 U.S.C. ยง 1101(a)(15)(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 California Service Center denied the petition, concluding that the record did not establish , as required , that the Petitioner has a qualifying relationship with the Beneficiary 's foreign employer in Israel. The matter is now before us on appeal. 8 C.F.R. ยง 103.3. U.S. Citizenship and Immigration Services (USCIS) records indicate that, while this appeal was pending , the Petitioner filed a new Form 1-129, Petition for Nonimmigrant Worker , requesting L-lA classification on behalf of the Beneficiary , along with a change of nonimmigrant status . USCIS approved the petition for L-lA classification and granted the requested change of status, thus authorizing the Beneficiary's temporary employment with the Petitioner from June 5, 2023 until May 7, 2026 . While the Petitioner has not withdrawn its appeal, the issues in this proceeding are now moot in light of the approval of a subsequent petition in the same nonimmigrant classification. Accordingly, the appeal will be dismissed . ORDER: The appeal is dismissed .
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