dismissed EB-3 Case: Culinary

U.S. Citizenship 
and Immigration 
Services 
In Re: 06267218 
Appeal of Nebraska Service Center Decision 
Form I-140, Immigrant Petition for a Skilled Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 30, 2019 
The Petitioner , a restaurant , seeks to employ the Beneficiary as a chef Italian cuisine. It requests 
skilled worker classification for the Beneficiary under the third preference immigrant category. 
Immigration and Nationality Act (the Act) section 203(b)(3)(A)(i) , 8 U.S.C. § 1153(b)(3)(A)(i). This 
employment-based "EB-3" immigrant classification 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. 
The Director of the Nebraska Service Center denied the petition on the ground that the Petitioner did 
not establish its ability to pay the proffered wage from the priority date onward. 
On appeal the Petitioner submits a brief and additional documentation and asserts that the evidence of 
record establishes its ability to pay the proffered wage. 
The records of U.S. Citizenship and Immigration Services (USCIS) show that the Petitioner filed a 
second Form I-140 petition (receipt numbeii I on behalf of the Beneficiary while the 
instant petition was on appeal. The second I-140 petition was accompanied by the same labor 
certification that originally accompanied the instant petition. The second I-140 petition was approved 
by the Nebraska Service Center. Thus, USCIS has approved an immigrant visa petition for the same 
job and classification sought in the initial petition and based on the same labor certification. The 
appeal currently before us is moot, therefore, and as such will be dismissed. 
ORDER: The appeal is dismissed as moot.