dismissed EB-2 Case: Physical Therapy

· . ~-
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privacy 
PUBLIC COPY 
Date: Office: TEXAS SERVICE CENTER 
FEB 2 9 2012 
INRE: 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 
FILE: 
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. § 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. § 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. § 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. 
~i)0U' 
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 staffing agency. It seeks to employ the beneficiary permanently in the United 
States as a physical therapist-Level II. 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. § 
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. § 204.5(k)(3)(i). The director further determined that the petitioner had failed to establish 
its continuing ability to pay the proffered wage since the priority date. Therefore, the director denied 
the petition accordingly. 
Review of U.S. Citizenship and Immigration Services (U 
Form 1-485 Application to Adjust Status, receipt HUJ,HU''''~ 
December 28,2009. Because the alien has adjusted to 
of the matter at hand is moot. 
which was approved on 
UL" .. LV"U LOo."n'UVLU status, further pursuit 
ORDER: The appeal is dismissed based on the alien's adjustment to lawful permanent resident 
status.