dismissed EB-2 NIW

dismissed EB-2 NIW Case: Computer Science

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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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