dismissed EB-2 NIW Case: Frozen Fruit Distribution

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: SEP. 14, 2023 In Re: 26269805 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, an entrepreneur with experience in frozen fruit distribution, seeks second preference 
immigrant classification as a member of the professions holding an advanced degree and as an 
individual of exceptional ability, 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. § ll 53(b )(2). 
The Director of the Texas Service Center denied the petition, concluding 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. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
U.S. Citizenship and Immigration Services records indicate that after the Petitioner filed this appeal 
he filed another immigrant petition (SRC 23 125 50720) for the same visa classification, which the 
Director approved on August 28, 2023. Accordingly, further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed.