dismissed EB-2 Case: Health Care

1Jfmuccopy 
Date: 
MAY 1 4 2012 
IN RE: Petitioner: 
Beneficiary: 
Ollice: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. CiLizenship and Immigration Services 
Admini~trative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. § 1153(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 he 
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 omce 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. § 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. 
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 health care company. It seeks to employ the beneficiary permanently in the 
United States as a podiatrist. 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 petitioner had not established eligibility for the benefit sought. 
A review of U.S. Citizenship and Immigration Services records indicates that, subsequen~ 
~etition, the alien filed a Form 1-485, Application to Adjust Status, receipt number _ 
_ which was approved on November 2, 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. 
1 Section 203(b) of the Act, 8 U.s.c. § lI53(b), states in pertinent part: 
(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, arl~, 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.