dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Professions
Decision Summary
The appeal was dismissed because the case was rendered moot. The petitioner had already become a lawful permanent resident through a separate adjustment of status application, making further adjudication of this petition unnecessary.
Criteria Discussed
National Interest Waiver Advanced Degree Mootness
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U.S. Department of Homeland Security 20 Mass. Ave , N.W., Rm. A3Cl42 Wash~ngton. DC 20529 U. S. Citizenship and Immigration Services FILE: EAC 03 157 52043 Office: VERMONT SERVICE CENTER Date: Ntii g 2 ?Ti,'rc PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Ad\,anced Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. ยง 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. L@u- %Robert P. Wiernann, Director Administrative Appeals Office EAC 03 157 52043 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. $ 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner asserts that an exemption from the requirement of a job offer, and thus of a labor certification, is in the national interest of the United States. The director found that the petitioner qualifies for classification as a member of the pr13fessions holding an advanced degree, but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States. Review of Citizenship and Immigration Services records indicates that the petitioner has, via a separate proceeding, applied for adjustment of status (Form 1-485, receipt number EAC 05 142 53390) on April 21,2005 and become a lawful permanent resident as of June 29, 2005. Because the alien is already a lawful p~zrmanent resident, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's lawful permanent resident status.
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