dismissed EB-1C

dismissed EB-1C Case: Biopharmaceuticals

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Biopharmaceuticals

Decision Summary

The appeal was dismissed because the matter was declared moot. A subsequent I-140 immigrant petition filed for the same beneficiary was approved after the initial denial of this case, rendering this appeal unnecessary.

Criteria Discussed

Qualifying Managerial Or Executive Capacity

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View Full Decision Text
(b)(6)
U.S. Department of Home .land Security 
U.S. Citizenship and Immigration Services 
Admini strative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
DATE: AUG 2 8 2014 OFFICE: NEBRASKA SERVICE CENTER FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as a 
Multinational Executive or Manager Pursuant 
to Section 203(b)(l)(C) ofthe Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. This is a 
non-precedent decision. The AAO does not announce new constructions of law nor establish agency 
policy through non-precedent decisions. 
Thank 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service 
Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be dismissed as the matter is now moot. 
The petitioner is engaged in biopharmaceuticals, vaccines and blood testing, and it seeks to 
employ the beneficiary as its Associate Director Project Management. Accordingly, the 
petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to 
section 203(b)(l)(C) ofthe Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(l)(C), 
as a 
multinational executive or manager. 
The director denied the petition on December 9, 2013, concluding that the petitioner failed to 
establish that the beneficiary's proposed employment with the U.S. entity would be within a 
qualifying managerial or executive capacity. 
A review of the United States Citizenship and Immigration Services (USCIS) records indicates 
that on July 7, 2014, a date subsequent to the denial, the beneficiary's Form I-140, Immigrant 
Petitioner for Alien Workers was approved. Therefore, the instant petition is moot.1 
ORDER: The appeal is dismissed. The petition is moot. 
1 The file shall be returned to the Nebraska Service Center to consider the beneficiary's motion 
on his denied Form I-485, Application for Adjustment to Permanent Resident Status. 
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