dismissed L-1B Case: Software Engineering

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U.S. Department of Homeland Security
20 Massachusetts Ave., N.W., Rm. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
File: LIN 0303753019 Office: NEBRASKA SERVICE CENTER Date: DEC 2 6 Z001
IN RE: Petitioner:
Beneficiary:
Petition: Petition for a Nonimmigrant Worker Pursuant to Section 10 1(a)(i5)(L) of the Immigration
and Nationality Act, 8 U.S.c. § 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.
~Chi.f
Administrative Appeals Office
www.uscls.gov
• LIN 0303753019
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.
The petitioner filed this nonimmigrant visa petition seeking to extend the employment of the beneficiary in
the position of software 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), 8U.S.C. §
1101(a)(15)(L). The director denied the petition concluding that the petitioner did not establish that the
beneficiary has 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 was also the beneficiary
of an approved L-1B nonimmigrant petition filed by the same petitioner, valid from December 5, 2004 until May
13, 2006 (EAC 05 024 50659). While the petitioner has not withdrawn the appeal in this proceeding, it would
appear that the beneficiary was either in L-1B status during the period of validity requested in the instant petition
or was 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.