dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was dismissed as moot because the petitioner had already adjusted to lawful permanent resident status through a separate, subsequently approved petition. Therefore, further pursuit of the appeal was unnecessary.

Criteria Discussed

National Interest Waiver Advanced Degree

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U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. A3042 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: WAC 01 283 53408 Office: CALIFORNIA SERVICE CENTER Date: 3 1 ~b23 
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. 1153(b)(2) 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
thgoffice that originally decided your case. Any further inquiry must be made to that office. 
" Administrative Appeals Office 
WAC 01 283 53408 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, California 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. 5 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 ceAification, 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 of the United States. 
Review of Citizenship and Immigration Services (CIS) records indicates that, subsequent to filing the instant 
petition, the petitioner filed another Form 1-140 petition under the same classification, with receipt number 
WAC 02 254 50190. CIS records further indicate that the second petition was approved on February 26,2003. 
The alien subsequently filed a Form 1-485 Application to Adjust Status, receipt number WAC 03 136 5081 1, 
which was approved on July 28, 2004.' Because the alien has adjusted to lawfkl permanent resident status, 
further pursuit of the matter at hand is moot. 
ORDER: The appeal is dismissed, based on the alien's adjustment to lawful permanent resident status. 
1 
The petitioner adjusted status after, in response to a query from this office, he declined to withdraw the 
appeal based on the approval of another Form 1-140 petition. We emphasize that this notice is not an 
acknowledgement of a withdrawal, which has not occurred, but a dismissal due to the petitioner's subsequent 
adjustment of status. 
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