dismissed
EB-2
dismissed EB-2 Case: Finance
Decision Summary
The appeal was dismissed because the case was considered moot. The beneficiary had already become a lawful permanent resident of the United States subsequent to the filing of the petition, making further pursuit of the matter unnecessary.
Criteria Discussed
Beneficiary Meeting Minimum Requirements Of The Offered Position Mootness Due To 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: MAR 2. 9 1011 Office: NEBRASKA SERVICE CENTER INRE: PETITION: Petitioner: Beneficiary: 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 I I 53(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 I-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 c.F.R. ยง 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. [D Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks to employ the beneficiary permanently in the United States as its chief financial officer pursuant to section 203(b)(2) of the Immigration and Nationality 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 established that the beneficiary met the minimum requirements of the offered position when the ETA Form 9089, Application for Permanent Employment Certification, was accepted for processing by the United States Department of Labor. United States Citizenship and Immigration Services records reflect that on March 10,2010, subsequent to the filing of this petition, the beneficiary became a lawful permanent resident of the United States. Because the beneficiary is now a permanent resident, 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.
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