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DismissedNational Interest Waiver · Appeal

Occupation not stated

Other / unclear · decided 2023-03-10 · TSC · MAR102023_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 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

Although finding that the Petitioner qualified for the requested visa category as an advanced degree professional, the Director concluded that he did not demonstrate his proposed employment to be in the national interest. 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 (1)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · In Re: 24828805 · Appeal of Texas Service Center Decision · Non-Precedent Decision of the Administrative Appeals Office · Date: MAR. 10, 2023 · Form 1-140, Immigrant Petition for Alien Workers (National Interest Waiver)

    The self-Petitioner, a dentist, sought immigrant visa classification as a member of the professions holding an advanced degree or a noncitizen of exceptional ability. See Immigration and Nationality Act (the Act) section 203(b)(2)(A), 8 U.S.C. § 1153(b)(2)(A). He also requested a waiver ofthe visa category's normal job-offer requirement, which U.S. Citizenship and Immigration Services (USCIS) has discretion to grant if it is "in the national interest." Section 203(2)(B)(i) of the Act.

    The Director of the Texas Service Center denied the petition. Although finding that the Petitioner qualified for the requested visa category as an advanced degree professional, the Director concluded that he did not demonstrate his proposed employment to be in the national interest. On appeal, the Petitioner contended that the Director erred in fmding that he materially altered his proposed endeavor.

    USCIS records indicate that, in December 2022, while this appeal was pending, the Petitioner adjusted his status to that of a lawful permanent resident as his spouse's derivative. See section 245(a) of the Act, 8 U.S.C. § 1255(a). Thus, this appeal no longer appears to retain practical significance. As a matter ofprudence, we will therefore dismiss it as moot. See Matter ofReyes, 26 l&N Dec. 528, 528 n.3 (BIA 2015).

    ORDER: The appeal is dismissed.