dismissed
EB-1A
dismissed EB-1A Case: Data Center/Network Engineering
Decision Summary
The appeal was dismissed as moot. This was the petitioner's second submission regarding the same petition denial, and the AAO indicated a separate decision would be issued on the first appeal, rendering this one without practical significance.
Criteria Discussed
Initial Evidentiary Criteria
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: MAY 10, 2024 In Re: 31201612 Appeal of Texas Service Center Decision Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) The Petitioner, a data center/network engineer in the pharmaceutical industry, requests classification under the employment-based, first-preference (EB-1) immigrant visa category as a noncitizen with "extraordinary ability." See Immigration and Nationality Act (the Act) section 203(b)(l)(A) , 8 U.S.C. ยง ll 53(b)(1)(A). Petitioners in this category must demonstrate "sustained national or international acclaim" and extensively document recognition of their achievements in their fields. Id. The Director of the Texas Service Center denied the petition. The Director concluded that the Petitioner met two of ten initial evidentiary criteria - one less than required for a final merits determination. This is the Petitioner's second submission regarding this petition. He previously appealed the petition's denial. Seel IWe will issue a separate decision on the first appeal. This submission raises the same issues as the Petitioner's first appeal. As a matter of prudence, we may dismiss appeals and motions that lack practical significance. Matter ofReyes, 26 I&N Dec. 528, 528 n.3 (BIA 2015). We will therefore dismiss the submission as moot. ORDER: The appeal is dismissed.
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