dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was dismissed because it was considered moot. The beneficiary had already adjusted to lawful permanent resident status through a different, concurrently filed petition that was approved.
Criteria Discussed
National Interest Waiver Member Of The Professions Holding An Advanced Degree
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3042 Washington, DC 20529 ~dentifving data delelea to U. S. Citizenship and Immigration pl'evmt d~rly unwarranted ~nvasion of oersonal bdwp ONT SERVICE CENTER Date: HAY 0 9 ?of% IN RE: Petitioner: Beneficiary: PETITION: Immiaant Petition for Alien Worker as a Member of the Professions Holding an Advanced u Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration and Nationality Act, 8 U.S.C. $ 1 153(b)(2) ON BEHALF OF PETITIONER: 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 Mher inquiry must be made to that office. %be* P. ~ies, Chief Administrative Appeals Office EAC 03 010 53774 Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Vermont 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. 8 1 153(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 Β£rom 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, simultaneously with the instant petition, the petitioner filed another Form 1-140 petition under a different classification, with receipt number EAC 03 01 7 50146. CIS records further indicate that the other petition was approved on July 12,2005. The alien had concurrently filed a Form 1-485 Application to Adjust Status, receipt number EAC 03 0 17 501 34, which was also approved on July 12, 2005. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's lawll permanent resident status.
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.