dismissed EB-2 Case: Chemistry

identifying data deleted to 
prevent clearly unwarr~teo 
mvamOftofpmwruUpnv~) 
PUBLIC COpy 
Date: APR ,11Jl\1 Office: TEXAS SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Ot1ice (AAO) 
20 Massachusetts Ave .. N.W .. MS 2090 
Washington. DC 20529-2090 
u.s. Citizenship 
and Immigration 
Services 
FILE: 
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and 
Nationality Act, 8 U.S.C. § I I 53(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please be 
advised that any further inquiry that you might have concerning your case must be made to that office. 
If you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The 
specific requirements for filing such a request can be found at 8 C.F.R. § 103.5. All motions must be 
submitted to the office that originally decided your case by filing a Form 1-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. § J03.5(a)(J)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
C® 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner is a bioanalytical research company. It seeks to employ the beneficiary permanently 
in the United States as a chemist. The petition requests classification of the beneficiary as a Member 
of the Professions Holding an Advanced Degree or an Alien of Exceptional Ability pursuant to 
section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2).1 The 
director determined that the beneficiary did not satisfy the minimum level of education stated on the 
labor certification and denied the petition accordingly. 
A review of U.S. Citizenship and Immigration Services records indicates that, subsequent to 
instant petition, the alien filed a Form 1-485, Application to Adjust Status, receipt number 
_which was approved on October 15,2010. Because the alien has adjusted to lawful permanent 
resident status, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed based on the alien's adjustment to lawful permanent resident 
status. 
I Section 203(b) of the Act, 8 U.S.C. § 1153(b), states in pertinent part that: 
(2) Aliens Who Are Members of the Professions Holding Advanced Degrees or Aliens of 
Exceptional Ability. --
(A) In General. -- Visas shall be made available . . . to qualified 
immigrants who are members of the professions holding advanced 
degrees or their equivalent or who because of their exceptional ability 
in the sciences, arts, or business, will substantially benefit 
prospectively the national economy, cultural or educational interests, or 
welfare of the United States, and whose services in the sciences, arts, 
professions, or business are sought by an employer in the United 
States.