dismissed EB-2 Case: Unknown

(b)(6)
DATE: APR 0 3 2014 
INRE: Petitioner: 
Beneficiary: 
OFFICE: TEXAS SERVICE CENTER 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administr ative Appeals Office (AAO) 
2(' 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 )(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 (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, respectivel y. 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. § 103.5. Do not file a motion directly with the AAO. 
Thank you, 
4~{-r., 
Ron Rosenberg 
Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas 
Service Center. The petitioner filed an appeal with the Administrative Appeals Office (AAO). 
Subsequently, the Department of Labor (DOL), Employment and Training Administration, advised the 
AAO that it had issued a Notice of Revocation to the petitioner, revoking approval of the ETA Form 
9089, Application for Permanent Employment Certification ( - - - -~ , filed by the 
petitioner on behalf of the beneficiary. The AAO issued a Notice of Intent to Dismiss based upon this 
advisement. This appeal will be dismissed. 
The petitioner sought 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. § 1153(b)(2) as a 
member of the professions holding an advanced degree. The petition was accompanied by an 
approved Application for Permanent Employment Certification, ETA Form 9089 from the 
Department of Labor (DOL). 
On April 7, 2010, the director invalidated the underlying labor certification and denied the petition 
because the petitioner had not disclosed in Item C.9 of the ETA Form 9089 that the beneficiary is 
one of the petitioner ' s partners with an ownership interest in the business. 
On June 19, 2013, DOL issued a notice of revocation of certification of case number 
filed by the petitioner in the instant matter. On August 2, 2013, the AAO advised the petitioner that 
it intended to deny the petition and dismiss the appeal as moot 
because the Form I-140, Petition for 
Alien worker, was no longer supported by a certified ETA Form 9089. 
In pertinent part, section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 
1153(b )(2), provides immigrant classification to members of the professions holding advanced degrees 
or their equivalent and whose services are sought by an employer in the United States. However, the 
petition must 
be accompanied by an individual labor certification approved by the Department of Labor. 
See 8 C.F.R. § 204.5(a)(2). Because the certification of this labor certification has been revoked, the 
petition is not supported by a valid labor certification, and further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed, based on DOL's revocation of certification of the ETA Form 
9089, as the petition is no longer supported by a valid labor certification.