dismissed O-1A

dismissed O-1A Case: Acupuncture

๐Ÿ“… Dec 04, 2007 ๐Ÿ‘ค Organization ๐Ÿ“‚ Acupuncture

Decision Summary

The appeal was dismissed because the case was rendered moot. Subsequent to the O-1 petition filing, a separate immigrant petition (Form I-140) and the beneficiary's application to adjust status (Form I-485) were approved, making the beneficiary a lawful permanent resident. Therefore, further pursuit of the nonimmigrant O-1 visa was unnecessary.

Criteria Discussed

Sustained National Or International Acclaim Mootness Due To Adjustment Of Status

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identifyiDgdata do~ to
prevent Ci~WEY Wlw9ITOOted
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PUBLICCon
U.S. Department of Homeland Securit y
20 Mass. Ave., N.W., Rm. 3000
Washington , DC 20529
u.s.Citizenship
arid Immigration
Services
./
FILE: LIN 06 088 51612 Office: NEBRASKA SERVICE CENTER Date: DEC 04 Z007
IN RE: Petitioner :
Beneficiary :
PETITION :. Petition for a Nonimmigrant Worker und er Section 1 01(a)(l5)(O )(i) of theImmigration and
Nationalit y Act, 8 U.S.c. ยง 1101(a)(l5) (O)(i )
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
This is the decision ofthe Administrative Appeals Office in your case. All documents have been returned to
the office that. originally decided your case. Any further inquiry must be made to that office .
. ~/~??
~ Robert P . Wiemann , Chief
/ . Administrative Appeals Office
www.uscis.gov
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" LIN0608851612
Page 2
DISCUSSION: TheDirector, Nebraska Service Center, denied the nonimmigrant visa petition. The matter is
now before the Administrative Appeals Office on appeal. The appeal will be dismissed.
The petitioner is an educational institution. The petitioner seeks 0-1 nonimmigrant classification of the
beneficiary, as an alien with extraordinary ability under section 101(a)(15)(0)(i) of the Immigration and
Nationality Act (the Act), 8 U.S.c. ยง 110l(a)(l5)(0)(i), in order to employ her temporarily in the United States as
Director of the petitioner's Acupuncture Department for a period ofthree years at an annual salary of$50,000.
The director denied the petition, finding that the petitioner failed to establish that the beneficiary has received
sustained national or international acclaim and is one of a small percentage who has risen to the very top of her
field of endeavor.
Review of Citizenship and Immigration Services (CIS) records indicates that, subsequent to the filing of the
instant petition, a Form 1-140 immigrant petition was filed on the beneficiary's behalf, with receipt number
LIN 06238 51449. CIS records further indicate that the immigrant petition was approved on August 30; 2007.
The alien filed a Form 1-485 Application to Adjust Status, receipt number LIN 06 238 51479, which was,
approved on October 31, 2007. Because the alien has adjusted to lawful permanent resident status, further pursuit
of the matter at hand is moot ยฐ โ€ข
ORDER: The appeal is dismissed. ยฐ
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