dismissed
L-1A
dismissed L-1A Case: Software Development
Decision Summary
The appeal was dismissed because the issue was deemed moot. The Beneficiary had subsequently been approved for permanent residency through a separate Form I-140 and I-485 process. Since the Beneficiary was already a permanent resident, further pursuit of the nonimmigrant L-1A petition was unnecessary.
Criteria Discussed
Managerial Or Executive Capacity
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MATTER OF S-P-T-G~._____. Non-Precedent Decision of the Administrative Appeals Office DATE: JULY 23, 2019 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a software development company, seeks to temporarily employ the Beneficiary as its general manager under the L-lA nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act section 101(a)(15)(L), 8 U.S.C. § 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 that the Beneficiary would be employed in a managerial or executive capacity under an extended petition. The matter is now before us on appeal. U.S. Citizenship and Immigration Services (USCIS) records indicate that a Form 1-140, Immigrant Petition for an Alien Worker, filed on behalf of the Beneficiary, was filed and approved before the instant appeal was filed. USCIS records farther show that a Form 1-485, Application to Register Permanent Residence or Adjust Status was approved subsequent to the filing of the appeal and that the Beneficiary was issued a Permanent Resident Card on July 5, 2019. As the Beneficiary is presently a permanent resident farther pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. Cite as Matter of S-P-T-G-c=J ID# 4131722 (AAO July 23, 2019)
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