dismissed
L-1B
dismissed L-1B Case: Culinary Arts
Decision Summary
The appeal was dismissed as moot because the petitioner failed to respond to an AAO notice. The AAO had requested the petitioner to state whether they wished to pursue the appeal after related litigation had been resolved, but no response was received within the given timeframe.
Criteria Discussed
Specialized Knowledge Mootness
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U.S. Citizenship and Immigration Services MATTER OF F-D-C-C-(H-) LLC APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: FEB. 2, 2017 PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a restaurant operator, seeks to temporarily employ the Beneficiary as a churrasqueiro (gaucho chef) under the L-1 B nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 10l(a)(15)(L), 8 U.S.C. ยง 1101(a)(l5)(L). The Lยญ IB classification allows a ~orporation or other legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee with "specialized knowledge" to work temporarily in the United States. The Director, Vermont Service Center, revoked the approval of the petition on March 20, 2008. The matter is now before ,us on appeal. The appeal will be dismissed. On December 19, 2016, we sent the Petitioner notice that we had not rendered a decision on this matter due to litigation on a factually similar matter involving the Petitioner which has since been resolved. We requested that the Petitioner inform us if it wished to pursue the appeal and have a decision issued on the record, or if, in the alternative, it would prefer to withdraw the appeal. We afforded the Petitioner 33 days (30 days, plus 3 days for mailing), not subject to extension, to submit its response. We also informed the Petitioner that if it did not respond within the allotted timeframe, the appeal would be dismissed as moot. More than 33 days have passed, and the Petitioner has not responded. Thus, the appeal will be dismissed as moot. ORDER: The appeal is dismissed. Cite as Matter of F-D-C-C-(H-) LLC, ID# 252653 (AAO Feb. 2, 20 17) 2
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