dismissed
EB-3
dismissed EB-3 Case: Software Engineering
Decision Summary
The appeal was dismissed because the case became moot. The beneficiary had become a naturalized U.S. citizen before the decision, rendering the immigrant petition unnecessary.
Criteria Discussed
Beneficiary Qualifications Mootness
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U.S. Citizenship and Immigration Services In Re: 8887337 Appeal of Nebraska Service Center Decision Form 1-140, Immigrant Petition for Professional Non-Precedent Decision of the Administrative Appeals Office Date : MAY . 1, 2020 The Petitioner 1 seeks to employ the Beneficiary as a software architect (engineer). It requests classification of the Beneficiary as a professional under the third preference immigrant classification. Immigration and Nationality Act (the Act), section 203(b )(3)(A)(ii), 8 U.S.C. ยง 1 l 53(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 Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary was qualified for the offered job. U.S. Citizenship and Immigration Services records indicate that the Beneficiary became a naturalized U.S. citizen on April 17, 2019. Because the Beneficiary is a U.S. citizen, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed. 1 The petition was filed by ._I ______ _.[ and the appeal was filed by ~I _______ l, its purported successor-in -interest.
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