dismissed
L-1A
dismissed L-1A Case: Securities Trading
Decision Summary
The appeal was dismissed as moot. The AAO noted that the beneficiary was also the subject of a different, subsequently approved L-1A petition from the same petitioner, which rendered the issues in the current appeal irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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identifyingdatadeletedto preYmltc~ly Ua~warr~ted iD.VMionofpersonalpnvacy u.s.Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529 u.S. Citizenship and Immigration Services File: EAC 07 117 51348 Office: VERMONT SERVICE CENTER Date: FEB 0 1 2008 IN RE: Petitioner: Beneficiary: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(L) IN BEHALF OF PETITIONER: 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. RO~~~P.~-- Administrative Appeals Office www.uscis.gov EAC 07 117 51348 Page 2 DISCUSSION: The Director, Vennont 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 managing director 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. § 1101(a)(l5)(L). The petitioner is a limited liability company organized under the laws of the State of Delaware and is allegedly in the business of securities trading. The director denied the petition concluding that the petitioner failed to establish that the beneficiary will be employed in a primarily 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 L-l A nonimmigrant petition filed by the same petitioning organization, valid from August 1, 2007 until July 31, 2010 (EAC 07 214 52669). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-IA status or is able to apply for the appropriate visa abroad, and the issues in this proceeding are moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed as moot.
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