dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

πŸ“… Date unknown πŸ‘€ Individual πŸ“‚ 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

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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. 
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