dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was dismissed because the matter was considered moot. The petitioner had already adjusted to lawful permanent resident status in October 2004 through other approved petitions, rendering this appeal unnecessary.
Criteria Discussed
National Interest Waiver
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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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