dismissed H-1B

dismissed H-1B Case: Acupuncture

📅 Date unknown 👤 Company 📂 Acupuncture

Decision Summary

The appeal was dismissed because the issue was rendered moot. USCIS records showed that the beneficiary had already adjusted their status to that of a U.S. permanent resident through a separate petition, making the outcome of this nonimmigrant visa appeal irrelevant.

Criteria Discussed

Licensure Mootness

View Full Decision Text

U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-A-&W-C-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 8, 2015 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, an acupuncture clinic, seeks to employ the Beneficiary as an acupuncturist and to 
classify him as a nonimmigrant worker in a specialty occupation. See Immigration and Nationality Act 
(the Act) § 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (the Act), 8 U.S.C. 
§ 1101(a)(15)(H)(i)(b). The Director, California Service Center, denied the petition. The matter is now 
before us on appeal. The appeal will be dismissed as the matter is now moot. 
The Director reviewed the record of proceeding and determined that the Petitioner did not establish 
eligibility for the benefit sought. Specifically, the Director stated that the Petitioner did not establish 
that "the Beneficiary possesses the appropriate licensure as required by the proffered position, or has 
proven an exemption or exception from said requirement." The Director denied the petition. 
A review of U.S. Citizenship and Immigration Services records indicate that this Beneficiary is also 
the Beneficiary of an approved immigrant petition and has adjusted status to that of a U.S. 
permanent resident. While the Petitioner has not withdrawn the appeal in this proceeding, it would 
appear that the Beneficiary is presently a permanent resident and the issue in this proceeding is 
moot. Therefore, this appeal is dismissed. 
ORDER: The appeal is dismissed. 
Cite as Matter ofW-A-&W-C-, Inc., ID# 15916 (AAO Oct. 8, 2018)

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