dismissed
EB-3
dismissed EB-3 Case: Perfume Distribution
Decision Summary
The appeal was dismissed as moot. Records showed that since the appeal was filed, the beneficiary had already obtained lawful permanent resident status through other means, rendering the current case no longer a live controversy.
Criteria Discussed
Bona Fide Job Offer Beneficiary'S Requisite Experience
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U.S. Citizenship and Immigration Services In Re: 086552443 Appeal of Texas Service Center Decision Form I-140, Immigrant Petition for a Skilled Worker Non-Precedent Decision of the Administrative Appeals Office DA TE: mL Y 6, 2020 The Petitioner, an importer and distributor of perfumes and fragrances, seeks to employ the Beneficiary as a buyer. 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. ยง 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 Texas Service Center denied the petition. The Director determined that the Petitioner did not establish that a bona.fide job offer existed or that the Beneficiary had the requisite experience to meet the terms of the labor certification and qualify for skilled worker classification. On appeal the Petitioner asserts that the documentation of record establishes, by a preponderance of the evidence, the bonafides of the job offer and the qualifying experience of the Beneficiary . The records of U.S. Citizenship and Immigration Services (USCIS) show that the Beneficiary, since the filing of the Petitioner's appeal, has obtained legal permanent resident status by other means, and that he was issued a permanent resident card on July 29, 2019. The appeal currently before us, therefore, is moot. Accordingly, we will dismiss it. ORDER: The appeal is dismissed as moot.
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