dismissed
L-1B
dismissed L-1B Case: 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
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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 While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is either presently in L-IB status or is able to apply for the appropriate visa abroad, and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.
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