dismissed L-1A

dismissed L-1A Case: Sales

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Sales

Decision Summary

The appeal was dismissed as moot. The AAO found that the beneficiary had already adjusted status to that of a permanent resident, which made the issues in the nonimmigrant L-1A petition proceeding no longer relevant.

Criteria Discussed

Managerial Or Executive Capacity Mootness

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U"S.Department.of Homeland Security
20 Massachusetts Ave., N.W.,Rm. A3000
Washington, DC 20529
u.s.-Citizenship
and Immigration
Services
~7
File: WAC 05 18950954 Office: CALIFORNIA SERVICE CENTER Date: DEC 0 5 Z.
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section lOl(a)(15)(L) of the Immigration
and Nationality Act, 8 U.S.C. ยง IlOl(a)(15)(L)
IN BEHALF OF PETITIONER:
SELF-REPRESENTED
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.
"(:.'"~""
Robert P. Wiemann, Chief
Administrative Appeals Office
www.,uscis..gov
WAC 05 189 50954
Page 2
DISCUSSION: The Director, California 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 employ the beneficiary in the position of local
and international sales manager as an L-IA nonimmigrant intracompany transferee pursuant to section
lOl(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(L). The petitioner is'
a corporation organized under the laws of the State of Nevada.
The director denied the petition concluding that the petitioner did not establish that the beneficiary will be
employed primarily in a managerial or executive 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 as of October 18, 2006.
While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is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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