dismissed
EB-3
dismissed EB-3 Case: Shipping Management
Decision Summary
The appeal was dismissed as moot. The Director initially denied the petition for a professional worker because the labor certification did not require a baccalaureate degree and the beneficiary did not possess one. The petitioner then filed a new petition for the same beneficiary as a skilled worker, which was approved, rendering the appeal of the first denial moot.
Criteria Discussed
Baccalaureate Degree Requirement Labor Certification Requirements Professional Worker Classification Skilled Worker Classification
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U.S. Citizenship and Immigration Services MATTER OF S-M-S-, INC. APPEAL OF TEXAS SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 8, 2017 PETITION: FORM l-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a shipping management business, seeks to employ the Beneficiary as a fleet marine superintendent. It requests classification of the Beneficiary as a professional under the third preference immigrant classification. See Immigration and Nationality Act (the Act) section 203(b)(3)(A)(ii), 8 U.S.C. § 1152(b)(3)(A)(ii). This employment-based 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 visa petition because the underlying labor certification did not require a baccaJaureate degree and the Beneficiary did not possess a baccalaureate degree. The Petitioner subsequently filed another visa petition on behalf of the Beneficiary, seeking to classify him as a skilled worker under section 203(b)(3)(A)(i) ofthe Act, 8 U.S.C. § 203(b)(3)(A)(i), a classification requiring a minimum of two years of training or experience. The skilled worker petition was approved on December 1, 2016. We concur with the Director's decision. However, as the skilled worker petition on behalf of the Beneficiary has been approved, the Petitioner's appeal in the ·present matter is moot and we will dismiss it on this basis. ORDER: The appeal is dismissed. Cite as Matter ofS-M-S-, Inc., ID# 481093 (AAO Sept. 8, 2017)
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