dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Computer Science
Decision Summary
The appeal was dismissed as moot because the Petitioner had already adjusted to permanent resident status through a separate, unrelated proceeding. Therefore, further consideration of the petition was unnecessary.
Criteria Discussed
Advanced Degree National Interest Waiver
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U.S. Citizenship and Immigration Services In Re: 797724 7 Appeal of Texas Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date: JAN. 15, 2020 Form 1-140, Immigrant Petition for Alien Worker (Advanced Degree, Exceptional Ability, National Interest Waiver) The Petitioner, a computer science researcher and professor, 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 (the Act) section 203(b )(2), 8 U.S.C. ยง 1153(b )(2). The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest. The matter is now before us on appeal. U.S. Citizenship and Immigration Services records indicate that, as of January 4, 2016, the Petitioner has adjusted to permanent resident status through an unrelated proceeding. Because the Petitioner's status has been adjusted to permanent resident, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed.
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