dismissed EB-2 NIW

dismissed EB-2 NIW Case: Architecture And Interior Design

📅 Date unknown 👤 Individual 📂 Architecture And Interior Design

Decision Summary

The appeal was dismissed as moot. After filing the appeal, the petitioner adjusted her status and became a permanent resident through a separate family-based petition (Form I-130). Because the petitioner already achieved the immigration benefit sought, further pursuit of the employment-based petition was deemed unnecessary.

Criteria Discussed

National Interest Waiver Mootness

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: DEC. 10, 2024 In Re: 34801449 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an architect and interior designer, seeks employment-based second preference (EB-2) 
immigrant classification as a member of the professions holding an advanced degree, as well as a 
national interest waiver of the job offer requirement attached to this classification. See Immigration 
and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2). 
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner 
qualified for the EB-2 visa classification as an advanced degree professional, she had not established 
eligibility for the national interest waiver. The Director dismissed the Petitioner's subsequent 
combined motions to reopen and reconsider solely because they were not accompanied by a statement 
about whether or not the unfavorable decision has been the subject of any judicial proceeding. See 
8 C.F.R. § 103.5(a)(l)(iii)(C). The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. 
A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the Petitioner 
in this matter is also the beneficiary of an approved Form 1-130, Petition for Alien Relative. USCIS 
approved the Petitioner's Form 1-485, Application to Register Permanent Residence or Adjust Status, 
and she was granted pennanent residence on November 22, 2024, subsequent to filing the instant 
appeal. 
Although the Petitioner has not withdrawn the appeal in this proceeding, because the Petitioner is now 
a permanent resident, further pursuit of this matter would be moot. Accordingly, we will dismiss the 
appeal. 
ORDER: The appeal is dismissed.

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