dismissed EB-2 NIW

dismissed EB-2 NIW Case: Music

📅 Date unknown 👤 Individual 📂 Music

Decision Summary

The appeal was dismissed as moot. The Director had reopened and subsequently approved the petition after the initial denial, which meant there was no longer an adverse decision to appeal.

Criteria Discussed

Exceptional Ability National Interest Waiver

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 4, 2024 In Re: 34135048 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver) 
The Petitioner, a music producer, arranger, and director, seeks classification as an individual of 
exceptional ability in the sciences, arts or business. See Immigration and Nationality Act (the Act) 
section 203(b )(2), 8 U.S.C. § 1153(b )(2). The Petitioner also seeks a national interest waiver of the 
job offer requirement that is attached to this EB-2 immigrant classification. See section 
203(b )(2)(B)(i) of the Act. U.S. Citizenship and Immigration Services (USCIS) may grant this 
discretionary waiver of the required job offer, and thus of a labor certification, when it is in the national 
interest to do so. 
The Director of the Texas Service Center denied the petition, concluding that the record established 
that the Petitioner qualifies for classification as an individual of exceptional ability in the arts, but did 
not establish that the Petitioner qualifies for the national interest waiver. The Petitioner filed a motion 
to reopen and reconsider, which the Director dismissed. The matter is now before us on appeal under 
8 C.F.R. § 103.3. 
USCIS records show that the Director reopened the petition and later approved it on April 18, 2024. 
Because the petition has been approved, there is no longer any adverse decision to appeal. Therefore, 
the appeal is now moot. 
ORDER: The appeal is dismissed.

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