Degree or an Alien of Exceptional Ability Pursuant to Section 203(b )(2) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)
ON BEHALF OF PETITIONER:
INSTRUCTIONS:
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. Rosenb erg
Acting Chief, Administrative Appeals Office www.uscis.gov
NON-PRECEDENT DECISION
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be dismissed as moot.
The petitioner is a water resource engineering consulting service. It seeks to employ the beneficiary permanently in the United States as an associate professional. On the Form 1-140, Immigrant Petition for Alien Worker, the petitioner requested classification of the beneficiary as an advanced degree professional pursuant to section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U .S.C. § 1153(b )(2). The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition and denied the petition accordingly.
Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to filing the instant petition, the alien filed a Form I-485 Application to Adjust Status, receipt number which was approved on June 24, 2013. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot.
ORDER: The appeal is dismissed based on the alien's adjustment to lawful permanent resident status.