dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was dismissed because it was considered moot. The petitioner had filed a separate, subsequent petition which was approved, and had already adjusted their status to lawful permanent resident, rendering the current appeal without a practical purpose.
Criteria Discussed
Advanced Degree National Interest Waiver
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PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. 3000 Washington, DC 20529 U.S. Citizenship and Immigration Services Rr FILE: WAC 01 246 54248 Office: CALIFORNIA SERVICE CENTER Date: QCT 0 3 200s 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) of the Immigration and ~ationality Act, 8 U.S.C. $ 1 153(b)(2) 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 further inquiry must be made to that office. fflobert P. ~iernanvchief Administrative Appeals Office WAC 01 246 54248 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. 4 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 petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner had not established that an exemption fi-om the requirement of a job offer would be in the national interest of the United States. Review of CIS records indicates that, subsequent to filing the instant petition, the petitioner filed another Form 1-140 petition, with receipt number WAC-02-273-54763. CIS records further indicate that the second petition was approved on December 24, 2002. The alien concurrently filed a Form 1-485 Application to Adjust Status, receipt number WAC-02-273-54569, which was approved on November 9, 2004. Because the alien has adjusted to lawhl permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's adjustment to lawful permanent resident status.
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