dismissed EB-2 NIW

dismissed EB-2 NIW Case: Medicine

📅 Date unknown 👤 Individual 📂 Medicine

Decision Summary

The appeal was dismissed because the underlying issue became moot. A review of records indicated that the petitioner had already been granted lawful permanent residence on October 20, 2005, making further pursuit of the petition unnecessary.

Criteria Discussed

National Interest Waiver Physician Admissibility Requirements (Section 212(A)(5)(B)) Mootness

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U.S. Department of Homeland Security 
U.S. Citizenship and I~nmigration Servlces 
Office of Adtninistrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
PUBLIC COPY and Immigration 
EAC 02 248 52555 
PETITION: 
 Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced 
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration 
and Nationality Act, 8 U.S.C. fj 1 153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
rn&zl& 
A' John F. Grissom 
p~ctin~ Chief, Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 
Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationality Act 
(the Act), 8 U.S.C. fj 1 153(b)(2), as a member of the professions holding an advanced degree. The 
petitioner seeks employment as a physician. The petitioner asserts that an exemption fkom the 
requirement of a job offer, and thus of a labor certification, is in the national interest of the United States 
because the petitioner will practice medicine at a health care facility under the jurisdiction of the 
Secretary of Veterans Affairs. The director found that the petitioner had not established she meets the 
alien physician admissibility requirements established by section 212(a)(5)(B) of the Act. 
Review of U.S. Citizenship and Immigration Services' records indicates that the petitioner was 
granted lawful permanent residence on October 20, 2005. Therefore, further pursuit of the matter at 
hand is moot. 
ORDER: 
 The appeal is dismissed based on the alien's lawful permanent resident status in the 
United States. 
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