dismissed
L-1A
dismissed L-1A Case: Telecommunications
Decision Summary
The appeal was dismissed as moot. Although the director initially denied the petition for failing to establish the beneficiary would be employed in a primarily managerial or executive capacity, a separate L-1A petition for the same beneficiary and petitioner had already been approved. This subsequent approval rendered the issues in the current proceeding irrelevant.
Criteria Discussed
Managerial Or Executive Capacity
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identifyiag prevent clemly a~v~arraated invasion of personal privacy U.S. Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration MAY 0 2 2008 File: EAC 07 015 52748 Office: VERMONT SERVICE CENTER Date: Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(] 5)(L) of the Immigration and Nationality Act, 8 U.S.C. 5 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. Robe Administrative Appeals Office EAC 07 015 52748 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 AAO will dismiss the appeal. The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary in the position of "international sales executive" as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. 6 1 101(a)(15)(L). The petitioner is a limited liability company organized under the laws of the State of Florida and is allegedly in the wireless telecommunications equipment business. 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-1A nonimmigrant petition filed by the same petitioning organization, valid from July 23, 2007 until July 22, 2010 (EAC 07 172 52353). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-1A 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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