dismissed EB-3

dismissed EB-3 Case: Computer Science

πŸ“… Date unknown πŸ‘€ Company πŸ“‚ Computer Science

Decision Summary

The appeal was dismissed as moot. The AAO noted that the beneficiary had already adjusted his status to that of a permanent resident based on a subsequent petition filed by a different employer, which rendered the current appeal without practical significance.

Criteria Discussed

Beneficiary'S Possession Of A Bachelor'S Degree

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 16, 2023 In Re: 28878511 
Appeal of Texas Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Skilled Worker or Professional) 
The Petitioner, a computer consultancy, sought to permanently employ the Beneficiary as a 
programmer analyst. The company requested his classification under the employment-based, thirdΒ­
preference (EB-3) immigrant visa category as a skilled worker or professional. See Immigration and 
Nationality Act (the Act) section 203(b)(3)(A)(i) , (ii), 8 U.S.C. Β§ 1153(b)(3)(A)(i), (ii). 
The Director of the Texas Service Center denied the petition. The Director concluded that, contrary 
to the offered job's requirements, the Petitioner did not demonstrate the Beneficiary's possession of a 
bachelor's degree. On appeal, the company contends that the Director overlooked evidence that he 
completed four years of university studies. 
USCIS records indicate that, in 2021, the Beneficiary adjusted his status to that of a permanent resident 
based on a later petition filed by another employer. See section 245(a) of the Act, 8 U.S.C. Β§ 1255(a). 
Thus, this appeal no longer appears to retain practical significance. As a matter of prudence, we will 
therefore dismiss it as moot. See Matter ofLuis, 22 I&N Dec. 747, 753 (BIA 1999). 
ORDER: The appeal is dismissed. 
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