dismissed EB-3 Case: Poultry Processing

U.S. Citizenship 
and Immigration 
Services 
In Re: 24133101 
Motions on Administrative Appeals Office Decision 
Form 1-140, Immigrant Petition for Other Worker 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 19, 2023 
The Petitioner, a poultry processor, seeks to permanently employ the Beneficiary as a trimmer. The 
company requests his classification under the third-preference, immigrant visa category as an "other 
worker." See Immigration and Nationality Act (the Act) section 203(b )(3)(A)(iii), 8 C.F.R . 
§ 1153(b )(3)(A)(iii). 
The Director of the Texas Service Center denied the petition, and we dismissed the Petitioner's 
following appeal. See In re: OJ 772231 (AAO Jul. 7, 2022). We agreed with the Director that the 
company submitted insufficient evidence of its required ability to pay the proffered wages of this and 
other positions it offered to noncitizens. Id. 
The matter returns to us on the Petitioner's combined motions to reopen and reconsider. The company 
submits additional evidence of its ability to pay. 
U.S. Citizenship and Immigration Services (USCIS) records, however, indicate that, before the 
motions' filings, the Beneficiary obtained lawful permanent residence based on an immigrant visa 
petition that his spouse filed for him. The family-based proceedings resulted in the Beneficiary's 
possession of a different alien registration number than the one he received in these proceedings . But 
the family-based filing lists his same name, date and country of birth, gender, date and place of last 
U.S. entry, and number of his Form 1-94, Arrival/Departure Record, as this petition. Photographs of 
the Beneficiary in USCIS systems also match. The record therefore demonstrates his lawful 
permanent residence. 
Administrative tribunals may dismiss appeals or motions that lack practical significance as moot. 
Matter of Luis, 22 I&N Dec. 747, 753 (BIA 1999). The Beneficiary's "green card" status renders the 
employment-based petition for him moot. We will therefore dismiss the Petitioner's motions. 
ORDER: The motion to reopen is dismissed. 
FURTHER ORDER: The motion to reconsider is dismissed .