dismissed EB-3

dismissed EB-3 Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Information Technology

Decision Summary

The appeal was dismissed as moot. The Director had initially denied the petition based on the petitioner's ability to pay the proffered wage, but the Beneficiary was approved for lawful permanent resident status while the appeal was pending, rendering the case moot.

Criteria Discussed

Ability To Pay

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-A-. INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 2, 2016 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology development business, seeks to employ the Beneficiary as a 
programmer-analyst. It requests classification of the Beneficiary as a skilled worker under the third 
preference immigrant classification. See Immigration and Nationality Act (the Act). section 
203(b)(3)(A)(i). 8 U.S.C. ยง 1153(b)(3)(A)(i). This employment-based 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 Acting Director, Texas Service Center. denied the petition. The Director determined that the 
record did not establish that the Petitioner had the ability to pay the proffered wage to the 
Beneficiary as ofthe visa petition's priority date. The matter is now before us on appeal. 
A review of U.S. Citizenship and Immigration Services (USCIS) records has found that the Beneficiary 
in this matter was approved for lawful permanent resident status on May 27. 2015. Because the 
Beneficiary is now a lawful permanent resident, further pursuit of the matter at hand is moot. 
Accordingly. we will dismiss the appeal. 
ORDER: The appeal is dismissed. 
Cite as A1atter ofP-A-. Inc., ID# 18462 (AAO June 2, 2016) 
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