dismissed EB-2

dismissed EB-2 Case: Water Resource Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Water Resource Engineering

Decision Summary

The appeal was dismissed as moot. Records showed that the beneficiary had already adjusted to lawful permanent resident status, rendering further pursuit of the appeal unnecessary.

Criteria Discussed

Ability To Pay Proffered Wage Mootness

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View Full Decision Text
(b)(6)
DATEAUG 0 9 2013 OFFICE: NEBRASKA SERVICE CENTER 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administr ative 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 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. ยง 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. 
Rosenb erg 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
(b)(6)
NON-PRECEDENT DECISION 
Page 2 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed as moot. 
The petitioner is a water resource engineering consulting service. It seeks to employ the beneficiary 
permanently in the United States as an associate professional. On the Form 1-140, Immigrant 
Petition for Alien Worker, the petitioner requested classification of the beneficiary as an advanced 
degree professional pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 
8 U .S.C. ยง 1153(b )(2). The director determined that the petitioner had not established that it had the 
continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa 
petition and denied the petition accordingly. 
Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to 
filing the instant petition, the alien filed a Form I-485 Application to Adjust Status, receipt number 
which was approved on June 24, 2013. Because the alien has adjusted to lawful 
permanent resident status, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed based on the alien's adjustment to lawful permanent resident 
status. 
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