dismissed EB-2 NIW Case: Research

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
FILE: Office: VERMONT SERVICE CENTER Date: JUN 0 3 2005 
IN RE: Petitioner: 
Beneficiary: 
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. 9 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. 
&Robert P. 
Administrative Appeals Office 
DISCUSSION: The Director, Vermont Service Center, denied the employment-based immigrant visa petition. 
The Administrative Appeals Office (AAO) dismissed a subsequent appeal. The matter is now before the AAO 
on motion. The motion will be dismissed. 
The petitioner seeks classification pursuant to section 203(b)(2) of the Immigration and Nationalrty Act (the 
Act), 8 U.S.C. tj 1153(b)(2), as an alien of exceptional ability or as a member of the professions holding an 
advanced degree. The petitioner asserts that an exemption from the requirement of a job offer, ar~d 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 had not 
established that an exemption from the requirement of a job offer would be in the national interest ofthe United 
States. The AAO concurred with the director. 
On motion, counsel challenges the AAO's conclusions. 
A review of Citizenship and Immigration Services' records reveals that the petitioner is the 
another employment-based visa petition filed in his behalf by Yale University, receipt number 
The director approved that petition on May 9, 2001. Subsequently, 
Register Permanent Residence or Adjust Status, Form 1-485, receipt numbe The director 
approved that application on March 19, 2002. Because the alien has 
status, further pursuit of the matter at hand is moot. 
ORDER: The motion is dismissed, based on the alien's adjustment to lawful permanent resident status.