dismissed EB-2 NIW Case: Unknown

U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rrn. A3042 
Washington, DC 20529 
FILE: WAC 03 19 1 537 1 8 0ffic ice: CALIFORNIA SERVICE CENTER ~ate:JA N 1 8 zoo5 
IN RE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for hien 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. 5 1153(b)(2) 
ON BEHALF OF PETITIONER: 
\ 
INSTRUCTIONS : 6 
, This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
ecided your case. Any further inquiry must be made to that office. 
obert P. Wiemann, Director 
'I Administrative Appeals ~Offiee . 
i 
WAC 03 191 53718 
Page 2 
DISCUSSION: The employment-based immigrant 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 to classify the beneficiary 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 certification, is in the 
national interest of the United States. The director found that the beneficiary 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 CIS records indicates that, at the same time as filing the instant petition, the petitioner filed another 
Form 1-140 petition in behalf of the beneficiary under a different classification, with receipt number WAC 03 
191 52416. CIS records further indicate that the second petition was approved on November 9, 2004. The 
beneficiary concurrently filed a Form 1-485 Application to Adjust Status, receipt number WAC 03 191 52436, 
which was also approved on November 9,2004. A lawful permanent resident card was produced on December 
16,2004. Because the beneficiary has adjusted to lawfid permanent resident status, fwther pursuit of the matter 
at hand is moot. 
ORDER: The appeal is dismissed, based on the beneficiary's adjustment to lawful permanent resident 
status.