dismissed EB-2 NIW

dismissed EB-2 NIW Case: Logistics

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