dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 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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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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