dismissed
EB-1A
dismissed EB-1A Case: Neurobiology
Decision Summary
The appeal is dismissed because it is moot. The petitioner filed two separate appeals for the same case, and the Administrative Appeals Office sustained the other appeal, which approved the underlying I-140 petition and made this appeal unnecessary.
Criteria Discussed
Not specified
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U.S. Citizenship and Immigration Services In Re: 23271189 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : NOV . 14, 2022 Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) The Petitioner, a researcher in the field of neurobiology, seeks classification as an individual of extraordinary ability . See Immigration and Nationality Act (the Act) section 203(b)(l)(A), 8 U.S .C. ยง 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 Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner had satisfied at least three of ten initial evidentiary criteria, as required . The matter is now before us on appeal. The Petitioner has filed two appeals of the Director's decision . We sustained the other appeal, which has rendered this one moot, and it will be dismissed on that basis . 1 ORDER: The appeal is dismissed. 1 The Petitioner filed two separate appeals of the Director's decision, and we are adjudicating both today. Sustaining the other appeal has rendered this appeal moot, and it will be dismissed on that basis. However , because the other appeal I I is being sustained, the end result for the Petitioner will be approval of the underlying I-140 petition .
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