dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Research
Decision Summary
The appeal was dismissed because the case was considered moot. The petitioner had filed a separate I-140 petition that was approved, and they had subsequently adjusted their status to that of a lawful permanent resident, making further pursuit of this appeal unnecessary.
Criteria Discussed
National Interest Waiver
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identifying data deleted to prevent clevry unwarranted invaaiof3, af privacy U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U. S. Citizenship and Immigration Services FILE: Office: NEBRASKA SERVICE CENTER Date: JAN 0 CJ 2WI LIN 06 008 52723 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. 8 1 153(b)(2) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: Ths 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 hrther inquiry must be made to that office. kobert P. WieInu Chief Administrative Appeals Office - Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the employment-based immigrant visa petition. The matter 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. 9 1153(b)(2), as a member of the professions holding an advanced degree. The petitioner seeks employment as a research assistant at the University of Illinois at Chicago. The petitioner asserts that an exemption &om 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 professions holding an advanced degree, but that the petitioner has not established that an exemption fiom 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, subsequent to filing the instant petition, the petitioner filed another Form 1-140 petition under the same classification, with receipt number LIN 06 090 5 1800. These records fiuther indicate that the second petition was approved on April 12, 2006. The petitioner subsequently filed a Form 1-485 Application to Adjust Status, receipt number SRC 06 162 51725, which was approved on June 26, 2006. Because the petitioner has already adjusted to lawful permanent resident status, fiuther pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's lawfbl permanent resident status.
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