dismissed EB-2

dismissed EB-2 Case: Dentistry

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

Decision Summary

The appeal was dismissed because the case was rendered moot. The beneficiary had already adjusted to lawful permanent resident status through a separate application, making further adjudication of this petition unnecessary.

Criteria Discussed

Labor Certification (Form Eta 9089) Successor-In-Interest Adjustment Of Status

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identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COpy 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave .. N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
Date: Office: NEBRASKA SERVICE CENTER 
SEP 1 2 2011 
IN RE: Petitioner: 
Beneficiary: 
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. ยง 1153(b )(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office 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. ยง 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. ยง 103.5(a)(I)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
Thank you, 
,-.'1:-2?r:r 
Perry R~ (J-- cfr 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa 
petition on March 4, 2008. The petitioner filed a motion to reconsider on March 28, 2008. The director 
reaffirmed his decision on April 11, 2008. The petitioner appealed the decision to the Administrative 
Appeals Office (AAO) on April 25, 2008. The appeal will be dismissed. 
The petitioner is a dentist's office. It seeks to employ the beneficiary permanently in the United 
States as a continuing education instructor. The petitioner seeks to classify the beneficiary as an 
alien worker pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 
U.S.C. ยง 1153(b)(2), as a member of the professions holding an advanced degree or an alien of 
exceptional ability. The director determined that the petitioner had not submitted a certified Form 
ETA 9089 with the petition. The director also determined that the copy of the Form ETA 9089 that 
the petitioner did submit was for a different employer and that the petitioner 
had failed to establish that it was a legal successor-in-interest to employer. The director 
denied the petition accordingly. 
Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to 
filing the instant petiti~he beneficiary filed a Form 1-485 Application to Adjust 
Status, receipt number _which USCIS approved on April 16, 2010. Because the 
beneficiary has adjusted to lawful permanent resident status, further pursuit of the matter at hand is 
moot. 
ORDER: The appeal is dismissed based on the beneficiary's adjustment to lawful permanent 
resident status. 
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