dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was dismissed because the case was rendered moot. The petitioner had already adjusted to lawful permanent resident status in October 2004 based on other approved petitions filed after the instant one.

Criteria Discussed

National Interest Waiver Mootness

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IdentllPiag data deleted to 
prevent ddy 
hvadond~pmacl 
PUBLIC COPY 
U.S. Department of Hameland Security 
20 Mass. Avc.. N.W.. Rm. A3042 
Washington. DC 20529 
U.S. Citizenship 
and Immigration 
Services 
FILE: m Office: NEBRASKA SERVICE CENTER Date: DEC 1 q 2005 
LIN 99 046 50689 
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) ofthe Immigration 
and Nationality Act, 8 U.S.C. fj 11 53(b)(2) 
ON BEHALF OF PETITIONER: 
SELF-REPRESENTED 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
ed your case. Any further inquiry must be made to that office. 
Administrative Appeals Office 
Page 2 
DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Nebraska 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. 3 I 153(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 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 two other Form 1-140 petitions. The petition with receipt number SRC 01 242 50473 
sought the same classification on the petitioner's behalf; the petition with receipt number SRC 01 242 53063 
sought a different immigrant visa classification. CIS records further indicate that these two petitions were 
approved in 2002. The alien subsequently filed a Form 1-485 Application to Adjust Status. The petitioner has 
been a lawful permanent resident of the United States since October 2004. Because the alien has adjusted to 
lawfil permanent resident status, 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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