dismissed
EB-2 NIW
dismissed EB-2 NIW Case: 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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