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MotionEB-2 · Motion to reopen & reconsider

Distributor of used clothing

Other / unclear · decided 2023-08-28 · TSC · AUG282023_04B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not met
    Why
    Department of Labor, insufficient to establish the job's need for an advanced degree professional. p. 1
  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

We concluded that the company did not establish the Beneficiary's qualifying experience for the offered job or the requested immigrant visa category. See in text

What the AAO decided

  • The Director ofthe Texas Service Center denied the petition, and we dismissed the Petitioner's appeal and its following three combined motions to reopen and reconsider. See in text
  • ORDER: The motion to reopen is dismissed. See in text
  • FURTHER ORDER: The motion to reconsider is dismissed. See in text
Read the full decision (1 page)

Objections found (0)

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No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (3)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: AUG. 28. 2023 · In Re: 25691088 Motions on Administrative Appeals Office Decision · Form 1-140, Immigrant Petition for Alien Workers (Advanced Degree)

    The Petitioner, a distributor of used clothing, seeks to permanently employ the Beneficiary as a management analyst. The company requests his classification under the employment-based, secondpreference (EB-2) immigrant visa category as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). U.S . businesses may sponsor noncitizens for permanent residence in this category to work in jobs requiring at least bachelor's degrees followed by five years ofprogressive experience in corresponding specialties. See 8 C.F.R. § 204.5(k)(2) (defining the term "advanced degree"). The Director ofthe Texas Service Center denied the petition, and we dismissed the Petitioner's appeal and its following three combined motions to reopen and reconsider. See In Re: 21900712 (AAO Oct. 31, 2022). We concluded that the company did not establish the Beneficiary's qualifying experience for the offered job or the requested immigrant visa category. Id. We also found the position's requirements, as certified by the U.S. Department of Labor, insufficient to establish the job's need for an advanced degree professional. Id.

    The matter returns to us on the Petitioner's fourth combined motions to reopen and reconsider. U.S. Citizenship and Immigration Services records, however, show that, on August 9, 2023, the Beneficiary adjusted his status to that ofa lawful permanent resident based on another company's petition for him. Thus, the record indicates that these motions lack practical significance. We will therefore dismiss the filings as moot. See Matter ofLuis, 22 I&N Dec. 747, 753 (BIA 1999) (holding that, "as a matter ofprudence," administrative agencies may dismiss appeals or motions as moot).

    ORDER: The motion to reopen is dismissed.

    FURTHER ORDER: The motion to reconsider is dismissed.