dismissed L-1A

dismissed L-1A Case: Trading And Mortgage Loans

📅 Date unknown 👤 Company 📂 Trading And Mortgage Loans

Decision Summary

The appeal was dismissed as moot. The Beneficiary had already been granted permanent resident status through a separate application, making the outcome of this nonimmigrant petition appeal irrelevant.

Criteria Discussed

Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
In Re: 10551126 
Appeal of California Service Center Decision 
Form 1-129, Petition for L-lA Manager or Executive 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 20, 2020 
The Petitioner, which describes itself as a "trading and mortgage loan business," seeks to continue the 
Beneficiary's temporary employment as its president under the L-lA nonimmigrant classification for 
intracompany transferees.1 Immigration and Nationality Act (the 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 approved the petition, but later revoked that approval, 
concluding that the record did not establish, as required, that: (1) the Beneficiary has been employed 
abroad in a managerial or executive capacity; and (2) the Beneficiary will be employed in the United 
States in a managerial or executive capacity. The Petitioner appealed the revocation, and we remanded 
the matter for a new decision. The Director denied the petition, citing the same grounds. The matter is 
now before us on appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates the Petitioner filed 
an immigrant petition on behalf of the Beneficiary in January 2018. USCIS approved that petition in 
January 2019. The Beneficiary filed Form 1-485, Application to Register Permanent Residence or 
Adjust Status, and USCIS approved that application in August 2020. As a result, the Beneficiary is 
now a permanent resident, and the issues in this proceeding are moot. Therefore, we will dismiss the 
appeal. 
ORDER: The appeal is dismissed. 
1 The Petitioner previously filed a "new office" petition on the Beneficiary's behalf which was approved for the period 
from December 5, 2016 to December 4, 2017. A "new office" is an organization that has been doing business in the United 
States through a parent, branch, affiliate, or subsidiary for less than one year. 8 C.F.R. § 214.2(I)(1)(ii)(F). The regulation 
at 8 C.F.R. § 214.2(I)(3)(v)(C) allows a "new office" operation one year within the date of approval of the petition to 
support an executive or managerial position.

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