dismissed
EB-3
dismissed EB-3 Case: 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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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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