dismissed
L-1B
dismissed L-1B Case: Electrical Engineering
Decision Summary
The appeal was dismissed because the issues were considered moot. The Beneficiary had already departed the United States, obtained a new L-1B visa based on a separate blanket L petition, and re-entered the country with valid status. Since the beneficiary already holds the same nonimmigrant status sought in the extension petition, there was no longer a live controversy to adjudicate.
Criteria Discussed
Employment Abroad In A Specialized Knowledge Position Possession Of Specialized Knowledge Employment In The U.S. In A Specialized Knowledge Capacity
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U.S. Citizenship and Immigration Services In Re: 20039459 Appeal of Texas Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date: MAY 6, 2022 Form 1-129, Petition for L-lB Specialized Knowledge Worker The Petitioner , a manufacturer of trucks, seeks to continue the Beneficiary 's temporary employment as an electrical design engineer under the L-1 B nonimmigrant classification for intracompany transferees . See Immigration and Nationality Act section 101 (a)(15)(L), 8 U.S.C. § 1101 (a)(l 5)(L). The extension petition indicates that the Petitioner seeks to extend the Beneficiary's L-1 B status until September 25, 2022. The Director of the Texas Service Center denied the petition on May 20, 2021 , concluding that the Petitioner did not establish , as required , that the Beneficiary was employed abroad in a position involving specialized knowledge, that he possesses specialized knowledge as defined in the statute and regulations, and that he would be employed in a specialized knowledge capacity in the United States. The matter is now before us on appeal. Government records indicate that, following the denial of the petition , the Beneficiary departed the United States on June 11 , 2021 , and applied for a nonimmigrant visa at the U.S. Embassy in Santo Domingo , Dominican Republic, based on the Petitioner 's previously approved blanket L petition. That application was approved on September 13, 2021. The Beneficiary entered the United States on September 24, 2021 , with L-lB nonimmigrant status valid through April 3, 2023 . Because the Beneficia:ry now holds the same nonimmigrant status sought in the extension petition, valid several months beyond the ending date specified in the denied petition, the issues in this proceeding are now moot. Accordingly, we will dismiss the appeal. ORDER: The appeal is dismissed .
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