dismissed L-1B

dismissed L-1B Case: Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Engineering

Decision Summary

The appeal was dismissed as moot. The AAO noted that the petitioner had another approved L-1B petition for the same beneficiary, which was valid. As the beneficiary could either be in L-1B status or could apply for the visa based on the other approval, the issues in the current appeal were moot.

Criteria Discussed

Specialized Knowledge

Sign up free to download the original PDF

View Full Decision Text
U.s. Departmentof Homeland Security
20 Massachusetts Ave" N.W., Rm. A3000
Washington, DC 20529
Date:
u.S.Citizenship
and Immigration
Services
Office: NEBRASKA SERVICE CENTERFile: LIN 0508351244
IN RE: Petitioner:
Beneficiary:
Petition:
SEP 242007
Petition for a Nonimmigrant Worker Pursuant to Section 101 (a)(15)(L) ofthe Immigration
and Nationality Act, 8 U.S.C. ยง 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.
R~,~
Administrative Appeals Office
www.uscis.gov
LIN 0508351244
Page 2
DISCUSSION: The Director, Nebraska 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
as moot.
The petitioner filed this nonimmigrant visa petition seeking to employ the beneficiary in the position of field
service engineer as an L-1B nonimmigrant intracompany transferee having specialized knowledge pursuant to
section 101(a)(15)(L) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(L).
The director denied the petition concluding that the petitioner failed to establish that the beneficiary will be
employed in a capacity involving specialized knowledge.
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-1B nonimmigrant petition filed by the same petitioner, valid from May 1, 2007 until April 30,
.2010 (EAC 0710751981). While the petitioner has not withdrawn the appeal in this proceeding, it would appear
that the beneficiary is either presently in L-IB 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.
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.