dismissed
EB-2
dismissed EB-2 Case: Managed Health Care
Decision Summary
The appeal was dismissed as moot. A review of U.S. Citizenship and Immigration Services (USCIS) records indicated that the beneficiary became a United States citizen, which deprived the appeal of any practical significance.
Criteria Discussed
Advanced Degree Exceptional Ability
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(b)(6) U.S. Department of Homeland Secur .ity U.S. Citizenship and Immigr ation Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Wa shin~ton. DC 20529-2090 U.S. Citizenship and Immigration Services DATE: AUG 0 7 2013 Office: VERMONT SERVICE CENTER FILE: INRE : 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 (AAO) in your case. This is a non-precedent decision. The AAO does not announce new constructions of law nor establish agency policy through non-precedent decisions. If you believe the AAO incorrectly applied current law or policy to your case or if you seek to present new facts for consideration, you may file a motion to reconsider or a motion to reopen, respectively. Any motion must be filed on a Notice of Appeal or Motion (Form I-290B) within 33 days of the date of this decision. Please review the Form I-290B instructions at http://www.uscis.gov/forms for the latest information on fee, filing location, and other requirements. See also 8 C.F.R. ยง 103.5. Do not file a motion directly with the AAO. Thank you, t-4-- j..Ron Rosenberg Acting Chief, Administrative Appeals Office www.uscis.gov (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Vermont 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 as moot. The petitioner is a managed health care provider. It seeks to employ the beneficiary permanently in the United States as a technical lead pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(2). The director denied the petition on January 23, 2001 concluding that the petitioner failed to establish that the beneficiary is the holder of an advanced degree, or equivalent, or is of exceptional ability in the sciences, arts, or business. The petitioner filed a timely appeal. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the beneficiary of this petition became a United States citizen on Aprill2, 2013. While the petitioner has not withdrawn the appeal in this proceeding, it would appear that the beneficiary is presently a United States citizen. Accordingly, the AAO finds that the beneficiary's current status as a United States citizen deprives this appeal of any practical significance. Considerations of prudence warrant the dismissal of the appeal as moot. See Matter of Luis, 22 I&N Dec. 747, 753 (BIA 1999). ORDER: The appeal is dismissed as moot.
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