dismissed
O-1A
dismissed O-1A Case: 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 invasionofpetsooalprivacy 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 OJ " 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 โข ORDER: The appeal is dismissed. ยฐ
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