dismissed
L-1B
dismissed L-1B Case: Furniture Business
Decision Summary
The appeal was dismissed as moot because the beneficiary had already adjusted their status to that of a permanent resident, rendering the nonimmigrant visa petition irrelevant. As a secondary issue, the AAO noted that the petitioning company had been administratively dissolved by the State of Florida, which would also call its eligibility into question.
Criteria Discussed
Specialized Knowledge
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identifyingdatadeletedto preventclearlyunW8l1lD1lll invasionofpeIIODI1pdvIICJ U.S.Department of Homeland Security 20 Massachusetts Ave., N.W., Rm. A3000 Washington, DC 20529 u.s.Citizenship and Immigration Services pU8LICCOPY File: SRC 04 172 50217 Office: TEXAS SERVICE CENTER Date: HOV 06 2001 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. 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. RO~~f Administrative Appeals Office www.uscis.gov -. SRC 04172 50217 Page 2 DISCUSSION: The Director, Texas 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. The petitioner filed this nonimmigrant visa petition seeking to extend the employment of the beneficiary in the position of president and chief executive officer as an L-IB 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 l101(a)(15)(L). The petitioner is a corporation organized under the laws of the State of Florida and is allegedly in the furniture business. The director denied the petition concluding that the petitioner did not establish that the beneficiary will be employed in a position 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 immigrant petition and has adjusted status to that of a permanent resident on May 16, 2006. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a permanent resident and the issues in this proceeding are moot. Therefore, this appeal is dismissed.' ORDER: The appeal is dismissed as moot. 'Moreover, according to Florida state corporate records, the petitioner was administratively dissolved by the State of Florida on September 15, 2006 and is not in good standing. Therefore, as the State of Florida has forfeited the petitioner's corporate privileges, the company can no longer be considered a legal entity in the United States. This would call into question the petitioner's continued eligibility for the benefit sought if the instant appeal were not being dismissed as moot.
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