dismissed L-1A

dismissed L-1A Case: Software Services

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Software Services

Decision Summary

The appeal was dismissed as moot. While the appeal was pending, records showed the beneficiary had already adjusted status to a U.S. permanent resident through a separate family-based petition. Therefore, the nonimmigrant visa petition was no longer necessary.

Criteria Discussed

Managerial Or Executive Capacity Qualifying Relationship

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U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Room 3000
Washington, DC 20529
U.S.Citizenship
and Immigration
Services
File: EAC 06 266 52453 Office: VERMONT SERVICE CENTER Date: ocr 02 ZtJDl
INRE: 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. ยง 1101(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.
~~~obert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
EAC 06 266 52453
Page 2
DISCUSSION: The Director, Vermont Service Center, denied the petition for a nonimmigrant visa. The
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed.
The petitioner seeks to extend the temporary employment of the beneficiary as its president in the United
States as an L-IA nonimmigrant intracompany transferee pursuant to section IOI(a)(15)(L) of the
Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(L). The petitioner, a corporation
organized in the state of Florida, claims to be engaged in software services. It also claims to be the subsidiary
of Carratt Suspended Ceilings, Ltd., located in the United Kingdom. The beneficiary was initially granted a
one-year period of stay, which was subsequently extended in two two-year periods. The petitioner now seeks
to extend the beneficiary's stay for an additional two years.
The director denied the petition concluding that the petitioner did not establish that (1) the beneficiary would
be employed in the United States in a primarily managerial or executive capacity; or (2) the petitioner
maintained a qualifying relationship with a foreign entity.
On appeal, counsel for the petitioner asserts that the director's decision was erroneous. In support of this
contention , counsel submits a brief and additional evidence in support of the beneficiary's claimed eligibility.
A review of Citizenship and Immigration Services (CIS) records indicates that the beneficiary in this case is
also the beneficiary of an approved family-based immigrant visa petition, and he has adjusted status to that of
a U.S. permanent resident as of July 11, 2007. While the petitioner has not withdrawn the appeal in this
proceeding, it would appear that the beneficiary is presently a U .S. 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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