dismissed EB-3 Case: Construction

U.S. Citizenship 
and Immigration 
Services · 
MATTER OF C-H-&A-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 20,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a sheet metal contractor, seeks to employ the Beneficiary as a construction manager. It 
requests classification of the Beneficiary as a professional under the third preference immigrant 
classification. Immigration and Nationality Act (the Act), section 203(b)(3)(A)(ii), 8 U.S.C. 
§ 1153(b)(3)(A)(ii). This employment-based immigrant classification allows a U.S. employer to 
sponsor a professional with a baccalaureate degree for lawful permanent resident status. 
The Acting Director of the Nebraska Service Center denied the petition, concluding that the labor 
certification did not require any education and therefore did not support the requested classification of 
professional. On appeal, the Petitioner asserts that the Director should have considered the petition 
under the skilled worker classification. 
Upon de novo review, we will dismiss the appeal. 
While the appeal was pending in this matter, the Petitioner submitted another visa petition on behalf 
of the Beneficiary, seeking to classify him as a skilled worker under Section 203(b)(3)(A)(i) of the 
Act. 1 The skilled worker petition was approved utilizing the labor certification that had been tiled 
with the petition in this case. On appeal, the Petitioner's only contention is that the Director should 
have considered the labor certification in the context of the skilled worker classification. As the 
Director considered the labor certification under the skilled worker classification and approved the 
skilled worker petition filed on the Beneficiary's behait: the appeal before us is now moot and we 
will dismiss it on that basis. 
ORDER: The appeal is dismissed. 
Cite as Matter of C-H-&A -, ID# 917182 (AAO Mar. 20, 20 18) 
1 
Section 203(b)(3)(A)(i) of the Act allows a U.S. employer to sponsor a foreign national for lawful permanent resident 
status to work in a position that requires at least two years of training or experience.