dismissed
EB-2 NIW
dismissed EB-2 NIW Case: Unknown
Decision Summary
The appeal was dismissed because the underlying issue became moot. While the appeal was pending, the petitioner was granted lawful permanent residence on October 30, 2009, rendering further pursuit of the petition unnecessary.
Criteria Discussed
National Interest Waiver Mootness
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identifying data deleted to prevent clearly unwarranted invasion of personal privacy U.S. Department of Homeland Security U.S. Citizenship and Immigration Sewices Of$ce of Administrative Appeals MS 2090 Washington. DC 20529-2090 U.S. Citizenship and Immigration Services 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 Nationality Act, 8 U.S.C. 9 1153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: 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. ~VL@ Perry Rhew Chief, Administrative Appeals Office DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. This petition, filed on July 2, 2007, seeks to classifL the petitioner pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. tj 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 has not established that an exemption from the requirement of a job offer would be in the national interest of the United States. Review of U.S. Citizenship and Immigration Services' records indicates that the petitioner was granted lawful permanent residence on October 30, 2009. Therefore, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed based on the alien's lawful permanent resident status in the United States.
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