dismissed EB-2 NIW

dismissed EB-2 NIW Case: Medicine

📅 Date unknown 👤 Individual 📂 Medicine

Decision Summary

The appeal was dismissed because the underlying issue was moot. A review of USCIS records indicated that the Petitioner had already become a lawful permanent resident, making a decision on this petition no longer necessary.

Criteria Discussed

National In Scope Benefit To The National Interest

View Full Decision Text

MATTER OF M-F-
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Ad,ministrative Appeals Office 
DATE: SEPT. 26,2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a physician, seeks classification as a member of the professions holding an advanced 
degree. See section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1153(b)(2). In addition, the Petitioner seeks a national interest waiver of the job offer requirement 
that is normally attached to this classification. See section 203(b)(2)(B)(i) of the Act, 8 U.S.C. 
§ 1153(b )(2)(B)(i). This discretionary waiver allows U.S. Citizenship and Immigration Services 
(USC IS) to provide an exemption from the requirement of a job offer, and thus a labor certification, 
when it serves the national interest to do so. 
The Director, Texas Service Center, denied the petition, concluding that the Petitioner did not 
establish that his work will be national in scope or that he will benefit the national interest to a 
substantially greater extent than an available U.S. worker with the same minimum qualifications. 
The matter is now before us on appeal. 
A review of USC IS records indicates that, as of March 31, 2016, the Petitioner is a lawful permanent 
resident. Therefore, as the issues in this proceeding are m~ot, we will dismiss the appeal. 
ORDER: The appeal is dismissed. 
Cite as Matter of M-F-, ID# 48756 (AAO Sept. 26, 2016)

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