dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed as moot. The beneficiary had already obtained lawful permanent resident status through other means after the petition was filed, which rendered any further decision on this appeal unnecessary.
Criteria Discussed
Employment Experience Mootness
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identifying data deleted ta 7 Y t4 prevent clearly unwarranted invasion of pc-snnal orivacl U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Ofice ofAdministrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration PrntIC COPY Office: VERMONT SERVICE CENTER Date: OCT 0 6 2009 EAC 06 1 15 52530 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. 5 1 153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office in your case. All documents have been returned to the office that originally decided your case. Any further inquiry must be made to that office. If you believe the law was inappropriately applied or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. Please refer to 8 C.F.R. $ 103.5 for the specific requirements. 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 $585. Any motion must be filed within 30 the motion seeks to reconsider or reopen, as required by 8 C.F.R. 5 103.5(a)(l)(i). DISCUSSION: The employment based immigrant visa petition was denied by the Director, Vermont Service Center, and is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed. The petitioner seeks the beneficiary's classification as an employment based immigrant pursuant to section 203(b)(2) of the Immigration and Nationality Act, (the Act), 8 U.S.C. 5 1 153(b)(2) as an advanced degree professional. The director determined that the petitioner failed to establish that the beneficiary had obtained the required employment experience and denied the petition accordingly. Review of USCIS records indicates that, subsequent to the filing of the instant petition, the alien obtained immigrant status as a lawful permanent resident on July 1, 2008. Because the alien has obtained lawful permanent resident status, mher pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's lawhl permanent resident status.
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