dismissed EB-2 NIW Case: Dentistry

U.S. Citizenship 
and Immigration 
Services 
In Re: 24828805 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 10, 2023 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The self-Petitioner, a dentist, sought immigrant visa classification as a member of the professions 
holding an advanced degree or a noncitizen of exceptional ability. See Immigration and Nationality 
Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). He also requested a waiver of the visa 
category's normal job-offer requirement, which U.S. Citizenship and Immigration Services (USCIS) 
has discretion to grant if it is "in the national interest." Section 203(2)(B)(i) of the Act. 
The Director of the Texas Service Center denied the petition. Although finding that the Petitioner 
qualified for the requested visa category as an advanced degree professional, the Director concluded 
that he did not demonstrate his proposed employment to be in the national interest. On appeal, the 
Petitioner contended that the Director erred in fmding that he materially altered his proposed endeavor. 
USCIS records indicate that, in December 2022, while this appeal was pending , the Petitioner adjusted 
his status to that of a lawful permanent resident as his spouse's derivative. See section 245(a) of the 
Act, 8 U.S.C. § 1255(a). Thus, this appeal no longer appears to retain practical significance . As a 
matter of prudence, we will therefore dismiss it as moot. See Matter of Reyes, 26 l&N Dec. 528, 528 
n.3 (BIA 2015). 
ORDER: The appeal is dismissed.