dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Logistics
Decision Summary
The appeal was dismissed as moot. The petitioner filed a subsequent I-140 petition for the same classification which was approved, making further pursuit of the appeal unnecessary.
Criteria Discussed
National Interest Waiver Advanced Degree
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U.S. Citizenship and Immigration Services In Re: 9848961 Appeal of Nebraska Service Center Decision Non-Precedent Decision of the Administrative Appeals Office Date : FEB. 17, 2021 Form I-140, Immigrant Petition for Alien Workers (Advanced Degree, Exceptional Ability, National Interest Waiver) The Petitioner, a logistics director, 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 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 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 the Petitioner filed a subsequent Form I-140, Immigrant Petition for Alien Workers, also seeking a national interest waiver, which has been approved. Because the Petitioner of the instant petition has been approved for the same classification, further pursuit of the matter at hand would be moot. ORDER: The appeal is dismissed.
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