dismissed
EB-3
dismissed EB-3 Case: Nursing
Decision Summary
The appeal was dismissed as moot. After the appeal was filed, the Beneficiary acquired lawful permanent resident status and was later naturalized as a United States citizen, which rendered the immigrant petition unnecessary.
Criteria Discussed
Mootness
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U.S. Citizenship and Immigration Services In Re: 08778849 Appeal of Texas Service Center Decision Form I-140, Immigrant Petition for a Professional Non-Precedent Decision of the Administrative Appeals Office DA TE: FEB. 7, 2020 The Petitioner, a provider of staff nurses to hospitals and other health care facilities, sought to employ the Beneficiary as a registered nurse. It requested professional classification for the Beneficiary under the third preference immigrant category. Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C. § 1153(b)(3)(A)(ii). This employment-based "EB-3" immigrant classification allows a U.S. employer to sponsor a professional with a baccalaureate degree for lawful permanent resident status. The Director of the Texas Service Center denied the petition on multiple grounds. The Petitioner filed an appeal, which the AAO only recently received. After the appeal was filed the record shows that the Beneficiary acquired lawful permanent resident status in February 2008 and was naturalized as a United States citizen on June 30, 2011. As the Beneficiary is now a United States citizen the appeal is rendered moot. ORDER: The appeal is dismissed as moot.
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