dismissed EB-1A

dismissed EB-1A Case: Functional Genomics

📅 Date unknown 👤 Individual 📂 Functional Genomics

Decision Summary

The appeal was dismissed because the issues were considered moot. The Petitioner had already become a U.S. permanent resident through a separate approved petition as of March 7, 2024, rendering this appeal unnecessary.

Criteria Discussed

Major, Internationally Recognized Award At Least Three Of Ten Evidentiary Criteria

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: MAY. 20, 2024 InRe: 31110672 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Extraordinary Ability) 
The Petitioner, a research scientist in the field of functional genomics, seeks classification as an 
individual of extraordinary ability. See Immigration and Nationality Act (the Act) section 
203(b)(l)(A), 8 U.S.C. § 1153(b)(l)(A) . This first preference classification makes immigrant visas 
available to those who can demonstrate their extraordinary ability through sustained national or 
international acclaim and whose achievements have been recognized in their field through extensive 
documentation. 
The Director of the Texas Service Center denied the petition, concluding that the record did not 
establish that the Petitioner satisfied the initial evidence requirements for this classification by 
demonstrating her receipt of a major, internationally recognized award or by submitting evidence to 
satisfy at least three of the ten evidentiary criteria at 8 C.F.R. § 204.5(h)(3). The matter is now before 
us on appeal pursuant to 8 C.F.R. § 103.3. 
A review of U.S. Citizenship and Immigration Services records indicates that the Petitioner is also the 
beneficiary of an approved immigrant petition and has adjusted status to that of a U.S. permanent 
resident as of March 7, 2024. While the Petitioner has not withdrawn the appeal in this proceeding, it 
would appear that she is presently a permanent resident and the issues in this proceeding are moot. 
We will therefore dismiss the Petitioner's appeal. 
ORDER: The appeal is dismissed.

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