dismissed
EB-3
dismissed EB-3 Case: Maintenance Services
Decision Summary
The appeal was dismissed as moot. The AAO found the appeal no longer retained practical significance because the Beneficiary had already adjusted her status to that of a lawful permanent resident on September 1, 2020.
Criteria Discussed
Mootness Adjustment Of Status
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U.S. Citizenship and Immigration Services Non-Precedent Decision of the Administrative Appeals Office Date: DEC. 04, 2023 In Re: 28567193 Appeal of Texas Service Center Decision Form 1-140, Immigrant Petition for Alien Workers (Skilled Worker) The Petitioner, a handyman maintenance service, seeks to employ the Beneficiary as an administrative assistant. It requests classification of the Beneficiary under the third-preference, immigrant category as a skilled worker. 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 category allows a U.S. business to sponsor a foreign national for lawful permanent resident status based on a job offer requiring at least two years of training or experience. The Acting Director of the Texas Service Center revoked the approval of the petition, concluding that the Petitioner did not establish eligibility for the requested benefit. The matter is now before us on appeal. 8 C.F.R. ยง 103.3. The Acting Director revoked the petition's approval on April 24, 2023. U.S. Citizenship and Immigration Services records show that the Beneficiary adjusted her status to that of a lawful permanent resident on September 1, 2020. See section 245(a) of the Act, 8 U.S.C. ยง 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 l&N Dec. 747, 753 (BIA 1999). ORDER: The appeal is dismissed.
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