dismissed L-1A Case: Wholesale

· 'hl'ngdata deleted v,ldentll.} 1 ~
t C· learlvIxnwarran .
Preven .J '1· a ''I
. ' . n of·p·":lfCOna nn)' \,;inVa510 ~ .... r
a
•
PUBLIC COpy
U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. A3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
File: WAC 05 215 50429 Office: CALIFORNIA SERVICE CENTER Date:
FEB 05 2DOi
IN RE: 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. § 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.
C?~~
Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
WAC 05215 50429
Page 2
DISCUSSION: The Director, California 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 extend the employment of the beneficiary in
the position of president as an L-1A nonimmigrant intracompany transferee pursuant to section 101(a)(l5)(L)
of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1101(a)(l5)(L). The petitioner is a corporation
organized under the laws of the State of California and is engaged in the wholesale of wire products.
The director denied the petition concluding that the petitioner did not establish that the beneficiary will be
employed primarily in an executive or managerial 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 petitioner, valid from June 20, 2006 until June 27,
2009 (EAC 06 18953644). While the petitioner has not withdrawn the appeal in this proceeding, it would appear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.