dismissed
H-1B
dismissed H-1B Case: Accounting
Decision Summary
The appeal was dismissed because the issue was rendered moot. The beneficiary had already adjusted their status to that of a lawful permanent resident, making further pursuit of the nonimmigrant petition unnecessary.
Criteria Discussed
Specialty Occupation
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U.S. Citizenship and Immigration Services MATTER OF 1-B-M-S-, INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 21,2015 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a building maintenance service company, seeks to employ the Beneficiary as an accountant and to classifY him as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality Act (the Act)ยง 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1101(a)(15)(H)(i)(b). The Director, Vermont Service Center, denied the petition. The matter is now before us on appeal. The appeal will be dismissed. The Director denied the petition finding that the evidence of record did not establish that the proffered position qualifies as a specialty occupation. On appeal, the Petitioner asserts that the Director's basis for denial was erroneous and contends that it satisfied all evidentiary requirements. A review of the record of U.S. Citizenship and Immigration Services indicates that the Beneficiary adjusted status to that of a lawful permanent resident on September 10, 2015. Because the Beneficiary is presently a lawful permanent resident, further pursuit of the matter at hand is moot. Therefore, this appeal is dismissed. ORDER: The appeal is dismissed. Cite as Matter ofl-B-M-S-, Inc., ID# 14315 (AAO Sept. 21, 2015)
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