dismissed EB-3

dismissed EB-3 Case: Computer Science

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Computer Science

Decision Summary

The appeal was dismissed as moot. After the initial petition was denied, USCIS approved a separate skilled-worker petition for the same beneficiary, which shared the same priority date. Therefore, the AAO determined the appeal lacked practical significance.

Criteria Discussed

Educational Requirements Skilled Worker Classification

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF G- CO. 
Non-Precedent. Decision of the 
Administrative Appeals Office 
DATE: JUNE 11,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a carmaker, seeks to employ the Beneficiary as a computer systems analyst. It 
requests his classification under the third-preference, immigrant category as a professional. 
Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C. ยง 1153(b)(3)(A)(ii). 
This employment-based, "EB-3" category allows a U.S. business to sponsor a foreign national with a 
bachelor's degree for lawful permanent resident status. 
The Acting Director of the Nebraska Service Center denied the petition. The Director concluded 
that the Petitioner did not demonstrate the Beneficiary's possession of the position's minimum 
educational requirements. 
On appeal, the Petitioner asserts that the Director's assessment of the Beneficiary's qualifications 
was unreasonable and that, contrary to statutory requirements, the Director did not consult the U.S. 
Department of Labor (DOL) during the adjudication. Alternatively, the Petitioner requests that we 
consider the Beneficiary's EB-3 classification as a skilled worker. See section 203(b)(3)(A)(i) of the 
Act (providing immigrant visas for foreign workers with at least two years of training or experience). 
U.S. Citizenship and Immigration Services (USCIS) records indicate that, after the Director's 
decision in this matter, USCIS approved a skilled-worker petition by the Petitioner for the 
Beneficiary. The record indicates that both petitions share the same DOL certification and thus the 
same priority dates. See 8 C.F.R. ยง 204.5(d) (explaining how to determine a petition's priority date). 
Approval of this petition therefore would not appear to additionally benefit the Beneficiary. Because 
this appeal lacks practical significance, we will dismiss it as moot. 
ORDER: The appeal is dismissed. 
Cite as Mauer ofG-M- Co., 10# 1445167 (AAO June U, 2018) 
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