dismissed L-1B

dismissed L-1B Case: Computer Systems

📅 Date unknown 👤 Company 📂 Computer Systems

Decision Summary

The appeal was dismissed as moot. The AAO found that the beneficiary was already the subject of a separate, approved L-1A nonimmigrant petition, granting them valid L-1 status and rendering the issues in the current L-1B appeal moot.

Criteria Discussed

Specialized Knowledge

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3D42 
Washington, DC 20529 
U. S. Citizenship 
and Immigration 
File: SRC 03 232 51 136 Office: TEXAS SERVICE CENTER 
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. 5 1 101(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. 
dministrative Appeals Office 
SRC 03 232 51 136 
Page 2 
DISCUSSION: The director, Texas Service Center, denied the petition for a nonimmigrant visa. Tlhe matter 
is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. 
The petitioner is a computer systems manufacturer established in 1984. The petitioner filed this L-IB 
nonimmigrant petition seeking to extend its authorization to employ the beneficiary temporarily in the United 
States as a quality engineer senior analyst pursuant to section lOl(a)(l5)(L) of the Immigralion and 
Nationality Act (the Act), 8 U.S.C. 1101(a)(15)(L). The director denied the petition, concluding that the 
petitioner has failed to establish that the beneficiary will be employed in a specialized knowledge ca.pacity or 
that the beneficiary possessed specialized knowledge. 
On appeal, the petitioner and its counsel disagree with the director's decision and assert that the evidence 
presented establishes that the beneficiary possesses specialized knowledge and will be employed in a specialized 
knowledge capacity. 
A review of the records of the Citizenship and Immigration Services indicates that this beneficiary is also the 
beneficiary of an approved L-1A nonimmigrant petition, valid from July 6, 2004 until July 6,2006 (SRC 04 170 
50380). While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary 
is presently in valid L-1 status and the issues in this proceeding are moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed as moot. 
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