dismissed
EB-3
dismissed EB-3 Case: 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
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →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)
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.