dismissed
EB-1A
dismissed EB-1A Case: Research Scientist
Decision Summary
The appeal was dismissed as moot. After filing the appeal, the petitioner had a different I-140 petition approved and subsequently became a permanent resident, which made further pursuit of this specific case unnecessary.
Criteria Discussed
Not specified
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U.S. Citizenship and Immigration Services In Re : 23551665 Appeal of Texas Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : NOV . 25, 2022 Form 1-140, Immigrant Petition for Alien Worker (Extraordinary Ability) The Petitioner, a research scientist, seeks to classify himself 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 Texas Service Center denied the petition , concluding the record did not establish that the Petitioner met at least three of the ten required evidentiary criteria at 8 C.F.R. ยง 204 .5(h)(3 ). The matter is now before us on appeal. U.S . Citizenship and Immigration Services (USCIS) records indicate that a different Form 1-140, Immigrant Petition for an Alien Worker , filed by the Petitioner was approved after the instant appeal. USCIS records further show that a Form 1-485, Application to Register Permanent Residence or Adjust Status, was approved subsequent to the filing of this appeal and that the Petitioner was issued a Permanent Resident Card on February 8, 2022. As the Petitioner is presently a permanent resident, further pursuit of this matter is moot. ORDER: The appeal is dismissed.
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