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DismissedNational Interest Waiver · Motion to reopen

Architect and interior designer

Arts, media & sports · decided 2024-12-10 · TSC · DEC102024_05B5203

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 decided

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

  • 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

The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for the EB-2 visa classification as an advanced degree professional, she had not established eligibility for the national interest waiver. See in text

What the AAO decided

Read the full decision (1 page)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

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 (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · Non-Precedent Decision of the Administrative Appeals Office · Date: DEC. 10, 2024 · In Re: 34801449 · Appeal of Texas Service Center Decision · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The Petitioner, an architect and interior designer, seeks employment-based second preference (EB-2) immigrant classification as a member of the professions holding an advanced degree, as well as a national interest waiver of the job offer requirement attached to this classification. See Immigration and Nationality Act (the Act) section 203(b )(2), 8 U.S.C. § 1153(b )(2).

    The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for the EB-2 visa classification as an advanced degree professional, she had not established eligibility for the national interest waiver. The Director dismissed the Petitioner's subsequent combined motions to reopen and reconsider solely because they were not accompanied by a statement about whether or not the unfavorable decision has been the subject of any judicial proceeding. See 8 C.F.R. § 103.5(a)(l)(iii)(C). The matter is now before us on appeal pursuant to 8 C.F.R. § 103.3. A review of U.S. Citizenship and Immigration Services (USCIS) records indicates that the Petitioner in this matter is also the beneficiary of an approved Form 1-130, Petition for Alien Relative. USCIS approved the Petitioner's Form 1-485, Application to Register Permanent Residence or Adjust Status, and she was granted pennanent residence on November 22, 2024, subsequent to filing the instant appeal.

    Although the Petitioner has not withdrawn the appeal in this proceeding, because the Petitioner is now a permanent resident, further pursuit of this matter would be moot. Accordingly, we will dismiss the appeal.

    ORDER: The appeal is dismissed.