dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Brand Ambassadorship
Decision Summary
The appeal was dismissed as moot. The petitioner had filed a subsequent Form I-140 petition seeking the same EB-2 classification with a national interest waiver, and that petition was approved, making this appeal unnecessary.
Criteria Discussed
National Interest Waiver
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U.S. Citizenship and Immigration Services In Re: 9849566 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : MAR . 12, 2021 Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National Interest Waiver) The Petitioner, a brand ambassador, seeks second preference 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 EB-2 classification. See Immigration and Nationality Act section 203(b)(2), 8 U.S.C. ยง 1153(b)(2) . The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. U.S. Citizenship and Immigration Services records indicate that, after the Petitioner filed this appeal, he filed another Form 1-140, Immigrant Petition for Alien Worker, seeking EB-2 classification as a brand ambassador and a national interest waiver, and that the petition was approved. Because the Petitioner has been granted EB-2 classification as a brand ambassador and a national interest waiver, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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