dismissed EB-2

dismissed EB-2 Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed as moot because the beneficiary had already adjusted to lawful permanent resident status through a separate application that was approved. Therefore, further pursuit of the appeal was deemed unnecessary, and the case was closed without a judgment on its merits.

Criteria Discussed

Advanced Degree Or Equivalent

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identifying data deleted to 
prevent clearly unwarr~nted 
invasion of personal privacy 
PUBLIC COPY 
Date: FEB 2 3 201~ffice: NEBRASKA SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
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 
PETITION: Immigrant petition for Alien Worker as a Professional 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 I-290B, Notice of Appeal or Motion, 
with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(1)(i) requires that any motion must be filed 
within 30 days of the decision that the motion seeks to reconsider or reopen. 
(i0U. 
Perry Rhew 
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 (AAO) on appeal. The appeal 
will be dismissed. 
The petitioner is a designer, developer, and provider of information technology. It seeks to employ 
the beneficiary permanently in the United States as a software engineer-architect. 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 professional holding an advanced degree. 
The director determined that the petitioner had not established that the beneficiary possesses an 
advanced degree or a foreign equivalent degree or in the alternative a United States baccalaureate 
degree or a foreign equivalent degree and at least five years of post-baccalaureate experience in the 
specialty as required by 8 C.F.R. ยง 204.5(k)(3)(i), and denied the petition accordingly. 
Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to 
~ition, the alien filed a Form 1-485 Application to Adjust Status, receipt number 
_ which was approved on June 14,2011. 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. 
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