dismissed EB-3 Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
Non-Precedent Decision of the
Administrative Appeals Office 
Date: OCT. 16, 2023 In Re: 28878552 
Appeal of Nebraska Service Center Decision 
Form 1-140, Immigrant Petition for Alien Workers (Professional) 
The Petitioner, an accounting firm, sought to permanently employ the Beneficiary as a software 
developer. The company requested his classification under the employment-based , third-preference 
(EB-3) immigrant visa category as a professional. See Immigration and Nationality Act (the Act) 
section 203(b)(3)(A)(ii) , 8 U.S.C. § 1153(b)(3)(A)(ii). U.S. businesses may sponsor noncitizens for 
permanent residence in this category to work in jobs requiring at least bachelor's degrees. See 8 C.F.R. 
§ 204.5(1)(3)(i) (stating that a job for a professional must require "the minimum of a baccalaureate 
degree"). 
The Director of the Nebraska Service Center denied the petition. The Director concluded that, contrary 
to requirements of the offered job and the requested immigrant visa category, the Petitioner did not 
establish the Beneficiary's possession of a bachelor's degree. On appeal, the company contends that 
the Director misinterpreted the job' s educational requirements . 
USCIS records indicate that, after this appeal's filing, the Beneficiary adjusted his status to that of a 
permanent resident based on a later petition filed by another employer. See section 245(a) of the Act, 
8 U.S.C. § 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 I&N Dec. 747, 753 (BIA 
1999). 
ORDER: The appeal is dismissed.