dismissed
L-1A
dismissed L-1A Case: Software
Decision Summary
The appeal was dismissed as moot. The petitioner filed a second, separate petition on the beneficiary's behalf which was approved, granting the same L-1A status for the same period sought in the current proceeding. Therefore, further pursuit of the matter was deemed unnecessary.
Criteria Discussed
Managerial Or Executive Capacity
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U.S. Citizenship and Immigration Services In Re: 19146790 Appeal of Texas Service Center Decision Form 1-129, Petition for L-lA Manager or Executive Non-Precedent Decision of the Administrative Appeals Office Date : DEC . 22, 2021 The Petitioner , a software company, seeks to continue the Beneficiary's temporary employment as a senior product manager under the L-lA nonimmigrant classification for intracompany transferees . Immigration and Nationality Act section 10l(a)(l5)(L) , 8 U.S.C. ยง 1101(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 Texas Service Center denied the extension petition, concluding that the record did not establish, as required, that the Beneficiary's positions abroad and in the United States meet the requirements of a managerial or executive capacity. The matter is now before us on appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that the petitioning employer filed another nonimmigrant petition (with receipt numberl I on the Beneficiary's behalf. USC IS records further indicate that this second petition was approved on June 9, 2021, thereby granting the Beneficiary L-lA status from August 8, 2020, to August 7, 2022 . These are the same dates, in the same nonimmigrant status, that the Petitioner had sought in the present proceeding. Because the approval of another petition has granted the Beneficiary the same two years of L-lA nonimrnigrant status that the Petitioner had sought in this proceeding, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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