dismissed EB-2 NIW

dismissed EB-2 NIW Case: Power Systems Engineering

📅 Date unknown 👤 Company 📂 Power Systems Engineering

Decision Summary

The appeal was dismissed because the issue was deemed moot. Records indicated that the beneficiary had already become a U.S. permanent resident through a separate, approved immigrant petition prior to this decision.

Criteria Discussed

National Interest Waiver Mootness

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: NOV. 07, 2023 In Re: 27437931 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Professional 
The Petitioner seeks to employ the Beneficiary as a power systems engineer and researcher. It requests 
classification of the Beneficiary as a member of the professions holding an advanced degree. 
Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). The Petitioner 
also seeks anational 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, 8 U.S.C. § 1153(b)(2)(B)(i). U.S. Citizenship 
and Immigration Services 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 did not 
establish that the Beneficiary is eligible for or otherwise merits a national interest waiver as a matter 
of discretion. The matter is now before us on appeal. 8 C.F.R. § 103.3. 
A review of our records indicates that this Beneficiary is also the beneficiary of an approved immigrant 
petition and has adjusted status to that of a U.S. permanent resident as of May 18, 2023. While the 
Petitioner has not withdrawn the appeal in this proceeding, it would appear that the Beneficiary is 
presently a permanent resident and the issue in this proceeding is moot. 
ORDER: The appeal is dismissed.

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