dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed because the matter was considered moot. USCIS records showed that the beneficiary had already become a lawful permanent resident through a different case, making a decision on this petition unnecessary.

Criteria Discussed

National Interest Waiver

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, 
identifying data deleted to 
prevent clearly unwarranted 
invasion of personal privac) 
DATE: JUL 1 2011 Office: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
u.s. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
F[LE: 
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, ยง 1153(b)(2) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case, All of the documents 
related to this matter have been returned to the office that originally decided your case, Please be advised 
that any further inquiry that you might have concerning your case must be made to that office, 
[f you believe the law was inappropriately applied by us in reaching our decision, or you have additional 
information that you wish to have considered, you may file a motion to reconsider or a motion to reopen, 
The specific requirements for filing such a request can be found at 8 C,F,R, ยง 103,5, All motions must be 
submitted to the office that originally decided your case by filing a Form [-290B, Notice of Appeal or 
Motion, with a fee of $630, Please be aware that 8 C,F,R, ยง 103,5(a)(I)(i) requires that any motion must be 
filed within 30 days of the decision that the motion seeks to reconsider or reopen, 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa 
petition, which is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
dismissed. 
The petitioner seeks classification pursuant to section 203(b )(2) ofthe hnmigration and Nationality Act 
(the Act), 8 U.S.c. ยง 1153(b )(2), as a member of the professions holding an advanced degree or an 
alien of exceptional ability. The petitioner asserts that an exemption from the requirement of a job 
offer, and thus of an alien employment certification, is in the national interest of the United States. The 
director did not contest that the petitioner qualifies for the classification sought but concluded 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 U.S. Citizenship and Immigration Services (UscrS) records indicates that, subsequent to 
filing the instant petition, the petitioner became a lawful permanent resident on July 30, 2009, pursuant 
to a different alien registration number, A88 276 783. 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 adjustment to lawful permanent resident 
status. 
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