dismissed EB-2

dismissed EB-2 Case: Systems Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Systems Engineering

Decision Summary

The appeal was dismissed as moot. The AAO determined that because the beneficiary had already adjusted to lawful permanent resident status through a subsequent application, further pursuit of the appeal was unnecessary.

Criteria Discussed

Advanced Degree Professional Exceptional Ability

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identifying data deleted to 
prevent cie",ny unwarranted 
invasion of personal privaC\ 
"'TRTJC COpy 
Date: 
JAN 1 0 2012 
Office: TEXAS SERVICE CENTER 
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 
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 X2) of the Immigration 
and Nationality Act, 8 U.S.C. ยง 1 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. 
Thank you, 
ao 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, deni~d 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 an investments management business. It seeks to employ the beneficiary 
permanently in the United States as a senior systems engineer. 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 I I 53(b)(2), as an advanced degree professional. The record of proceeding 
shows that the Form 1-140 petition was filed July 2, 2007. The director determined that the 
petitioner had not established that the petition demonstrated that the job requires a professional 
holding an advanced degree or the equivalent or an alien of exceptional ability; and therefore, the 
beneficiary was not eligible for classification as a member of the professions holding an advanced 
degree. 
Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to 
filing the instant petition, the alien filed a Form 1-485 Application to AdjliSt Status, receipt number SRC 
09 032 52549, which was approved on December 22, 2008. Because the alien has adjusted to lawful 
permanent resident status, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed as moot based on the alien's adjustment to lawful permanent 
resident status. 
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